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What to Do in Case of a Vehicular Accident

Written by: Bruce David Abel

Reputation Level 10

Posted over 3 years ago. Applies to California, 1 helpful vote, 0 comments

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Stop at the Scene

California law requires a driver involved in an accident to stop at the scene and exchange information such as insurance coverage and driver's license. It is a crime and a civil wrong to leave an accident without doing so. Move your vehicle out of the line of traffic. Set up flares. Protect injured persons.

If Anyone Is Injured, Call 9-1-1

Preserve life. If anyone is injured, give attention to that person. Call 911 for assistance. Be prepared to give the location and pertinent information on the injured person such as age, gender, nature of injury, bleeding, breathing, pulse, level of consciousness, and statements of pain or inury.

Exchange Insurance Information, Driver's License Numbers, and Vehicle Information

An accident is an upsetting event; however, try to remain composed. Gather necessary information including, but not limited to, the other driver's insurance information, driver's license number, vehicle identification (make, model, year, color, and license place). The exchange of insurance and driver's license information is required by law.

Take Pictures of the Scene, Vehicles, Skid Marks, Debris, Traffic Signals, and the Parties

If possible, gather evidence while at the scene. Sometimes, the accident is catastrophic and injuries great which create great turmoil and those involved are coping with the enormity of the incident. But, composure to gather accident evidence may prove crucial at a later date. Taking pictures with a phone camera can make the difference between "he said-she said" argument. Photograph the scene, the debris, the vehicles, the people, and anything else that seems relevant to the incident. If the police take a report, make sure you get the report identification number.

Do Not Admit Fault

When an accident happens, people are often upset and say things without thinking. Don't do that. Do not admit fault. Limit your statements to exchange of required information; however, you are still required to provide information to police. That does not mean admitting it was your fault. Stick to the facts. If you are concerned about whether you violated a law such as driving under the influence, do not incriminate yourself. Do listen to what others say. Take notes if possible. What a party to an accident says may be considered an admission which could be used in a lawsuit or in negotiations involving determining liability and settlement.

Get Witness Information

If there are witnesses, get whatever information is possible. Such information should include 1) Name, 2) address, 3) phone number, 4) driver's license, 5) business card, 6) location at the time of the incident, 7) whether the person saw the accident occur observed post accident events, 8) notes on how the person believes the accident occurred, 9) notes on what the person heard anyone say.