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What to do in Case of an Accident |
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INTRODUCTION
Auto accidents can happen to anyone. You can protect your legal
rights by doing the right thing after an accident occurs. This page
summarizes some of the steps you should take if you are involved in
an accident. Consult your lawyer right away if you are involved in
an accident that involves personal injuries or serious property
damage.
STOPPING YOUR CAR
If your car is involved in an accident and you don’t stop, you may
be subject to criminal prosecution. Leave your car as close as
possible to the place of impact without obstructing traffic. After
stopping, remain at the scene of the accident to aid the injured,
protect the scene, report to the police and gather information.
AIDING THE INJURED
If someone is injured, give first aid if you are qualified and call
for an ambulance. Remember to note the location of the accident
before you call for an ambulance. Tell the ambulance dispatcher the
name and number of the street as well as the direction in which the
cars were traveling at the time of the accident.
PROTECTING THE SCENE
Protect the scene of the accident to avoid additional collisions. Do
not allow your car to obstruct the road if it can be moved. Warn
approaching cars by raising the hood of your car and using your
car’s hazard warning lights. In addition, for nighttime accidents,
place flares or reflectors on the road.
CALLING THE POLICE
Call the police, particularly if someone has been injured. A police
report of the accident will help your insurance claim and any
liability claims. Ask the officer how to get a copy of the accident
report and note the officer’s name and badge number. If you receive
a traffic ticket, it does not mean you are guilty of a traffic
offense or that you are responsible for the accident. Be aware that
you may hurt your claim for damages from the other driver if you
plead guilty. Consult your lawyer and insurance agent before
pleading guilty to any traffic offense.
EXCHANGING INFORMATION WITH THE OTHER
DRIVER
Exchange information with the driver of the other car. You should
get the following information:
1. Other drivers — name, address, phone number, driver’s license
number, name of insurance company and policy number.
2. Passengers — name, address, and phone number.
3. Witnesses — name, address and phone number.
4. Owner (if not the driver) — name, address, phone number,
insurance company and policy number. Make notes about the time of
day, weather conditions, road conditions, streetlights, and length
of skid marks. Also make a diagram of the accident noting the
location of the vehicles, cross walks, stop signs and traffic
signals. If you hit a parked car and can’t find the owner. leave a
note with your name, address, and a summary of the accident.
DO NOT ADMIT RESPONSIBILITY
When you exchange information with the other driver and give facts
to the police, don’t admit responsibility for the accident. Things
that you say can be used against you if there is litigation. You may
think that you were responsible for the accident and later learn
that the other driver caused it or that the other driver was equally
at fault.
TOWING YOUR CAR
Before you allow a tow truck driver to pick up your car, be sure to
ask the driver how much it will cost and tell the driver where to
take your car. Get the name, address and telephone number of the
driver and the towing company.
FILING AN ACCIDENT REPORT
In most states, you must file an accident report with the state
department of public safety or department of motor vehicles. The
report must be filed within a few days of the accident if there were
personal injuries or if the damage to property exceeded a minimum
amount, say $500. Failure to file an accident report may result in a
fine and loss of your driver’s license. You should be able to get an
accident report form from your local police or your insurance agent.
Keep a copy of the report for your records.
SEEING YOUR DOCTOR
Both you and your passengers should consider seeing a doctor after
an accident. The doctor may recognize injuries, sometimes serious,
that are not apparent to you. The charges for a doctor visit and
medical treatment may be covered by your insurance. Don’t settle
claims from the accident until your doctor has advised you about the
extent of your injuries.
NOTIFYING YOUR INSURANCE AGENT
Call your insurance agent as soon as possible after an accident.
Your insurance company may have grounds to deny coverage if you fail
to give prompt notice of the accident. Follow up the phone call with
a written notice and save a copy for your files. The written notice
should contain information about the date, time and place of the
accident, with names and addresses of the other drivers, injured
persons, passengers, and witnesses. If you were at fault, your
liability insurance should pay for any injuries or property damages.
If the other driver is at fault but does not have insurance, your
insurance may pay for damages to your car (collision coverage), your
medical expenses (medical payment coverage) and even for your pain
and suffering (if you have uninsured motorist coverage).
NO-FAULT INSURANCE
Some states have adopted “no-fault” insurance laws. If you live in a
no-fault state, your insurance policy will cover your losses from a
minor accident regardless of whether you caused it. The losses
covered by no-fault insurance usually include medical expenses and
lost earnings. No-fault insurance does not protect you for major
accidents since the amount of coverage is limited to a few thousand
dollars in most states with no-fault insurance laws.
CALLING YOUR LAWYER
If you have been involved in an accident, or if you have received a
traffic ticket, your lawyer can advise you about your rights and
responsibilities. The sooner you call your lawyer the better since
witnesses may forget the details of the accident. Your lawyer can
counsel you on how to respond to questions from insurance adjusters
and help you recover compensation for your personal injuries and
damages to your car. |
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Accident Prevention |
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DEFENSIVE DRIVING
Keep your distance when driving behind large vehicles, to
keep your line of sight clear.
Keep windows clear and
transparent. Avoid tinting, stick-on toys, light shades,
dangling fuzzy cubes, and the like.
Do not drive in the
blind spot of other vehicles.
Use your indicators in heavy
fog.
Maintain an exit route, keep the space on either side of
your car free.
Drive in the outer lane on freeways. In case
of a problem, you won't have to cross a lane of traffic to
get to the breakdown
lane.
Keep wheels straight when waiting to turn across
oncoming traffic. If your car is rear-ended, it won't be
pushed into the opposite lane.
Avoid danger, do not drive
next to large vehicles longer than necessary. The driver may
not see you, and a turning truck can suddenly cut off all
exit routes.
Maintain a three second following distance
behind other vehicles. Increase that to five seconds in fog,
rain, or other adverse conditions.
It takes most people at
least half a second to react to an emergency condition.
Following a car closer than one second effectively
guarantees an accident if the leading car brakes
unexpectedly.
Conversely, change lanes or pull over if
tailgated. If that is not possible, slow down.
Avoid visibly
damaged or defective cars. A history of accidents indicates
that the owner has poor driving skills.
Cars that weave, do
not stay in lane, or brake too late at intersections or
traffic lights may be driven by drunk drivers and should be
avoided.
BEFORE YOU DRIVE
Check tire pressure.
Check oil and water levels before
taking long trips.
Indicate before moving away from the road
shoulder.
See and be seen, purchase light colored (white,
yellow, or silver) vehicles. They are also cooler in summer!
Use headlights at all times, even during the day.
Keep
windows clean, especially when driving at night.
Adjust
rear-view mirrors correctly. |
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