Call for Medical Assistance if Needed.
Whether it's you, your passenger, or anyone else injured in an accident, you should make sure that proper medical care is available. If this means calling emergency services to the scene. Do so. This is more important than anything else that happens at the scene of an accident.
Call the Police or Highway Patrol to the Scene
The police and highway patrol officers are unbiased third parties who are trained in recording accidents accurately. They will come to the scene and investigate the accident taking measurements. In some cases, they will make decisions as to who caused the accidents and who, if anyone should be cited for causing the accident. It is important to understand that their findings and decisions could be wrong if they are based on incomplete or inaccurate information. Make sure to protect your interests by talking to the police so that they understand the facts as you recall them.
Take photographs of the Scene.
There should never be an accident that is not recorded photographically in this age of digital cameras, including camera phones. Photos should be taken as soon as possible and before the cars are moved if safe to do so. This will, again, ensure that there is an accurate understanding of how the cars ended up after the accident. This information can be important when determine how the accident happened, who was at fault, and the strength and validity of claims for injuries.
Identify any Witnesses to the Accident.
Everyone is busy with their own business. It's difficult for people to wait around for the police to give witness statements. You should get information from any witnesses once medical assistance has been called for, if needed, and it is safe to do so. Get names, addresses and phone numbers if possible. Sometimes it is easier to get business cards. make sure to keep all of the information as these witnesses may be helpful in determining how the accident happened and who was at fault. The witnesses may also have information about what was said and what actions were taken by those involved in the accident and other witnesses after the accident.
Get Insurance Information From all Drivers involved in the Accident
It is best to get insurance information from any car involved in the accident even if you do not believe the driver of that car was at fault. It's always better to err on the side of caution than to fail to get this information and have to find it later.
Get the Identity and Information of all Drivers involved in the Accident.
Again, it is better to err on the side of caution as there may be issues that arise after the accident leading to a driver being found at fault who you did not believe was at fault at the scene of the accident.
Do NOT make any Admissions at the Scene
No one at the scene is on your side. The adverse driver, or their insurance company, will try not to pay for your damages or to get you to pay for theirs. Fault and Damages are legal conclusions that may rest on factors not known to you at the scene of the accident. You may not know all of the facts regarding how the accident happened and, therefore, may not know who was at fault - even if you believe it is you. Rest assured that if you admit fault, the other driver, his insurance company and/or his lawyer will use that admission against you even if it was made under mistaken beliefs. Likewise, you may not feel injured at the scene of the accident, or may only feel a small achiness. It is often the case that an injured person does not feel hurt at the scene for several reasons. If it later turns out that you are injured, the other side will use the denial of injury against you however they can. Do not make any admissions at the scene. The truth will come out.
