Stop your car and move it to the safest location you can find without leaving the accident scene. Try to be as far from moving traffic as possible. Call 911 to get police and medical help. Make sure that everyone is out of danger and write down as much information as you can while you are at the scene. If you cannot get it all down at the scene, write down additional information as soon as possible, while your memory is fresh. Important information includes:
- Write down the names, driver's license numbers, contact information (at least home address and phone number), vehicle license plate numbers and insurance information for all drivers involved in the accident.
- Write down the names and contact information for all passengers, all pedestrians, and all witnesses.
- Write down whether any of the drivers appear to be under the influence of alcohol or drugs, the behavior you observed (such as slurred speech) and the names of any other witnesses to this impaired behavior. Witnesses are important because after any substances wear off, it will be your word against the word of the impaired driver.
- Write down any and all statements you hear about the causes of the accident or about any injuries. Did anyone say "I'm not hurt"? Did anyone take responsibility for the accident, even partially, by saying "I wasn't looking either," "I was distracted," "I wasn't wearing my glasses," "I spilled my coffee," etc.
- Write down the location, date, and time of the accident. Include weather and lighting conditions, road conditions and any other environmental factors that may have been related to the accident. For example, if a grassfire was sending thick smoke onto the roadway, this may have contributed to the accident, and could lead to another person who was responsible for causing the accident.
- If you have a camera (or a cell phone with a camera), make sure to take photos of any damage to all vehicles involved and take photos of the area of the accident.
- Make a detailed description of the accident, including which direction the vehicles were going before the accident, the weather and related conditions (fog, rain, night, ice), what happened, any injuries, what was damaged, and what the police did, especially if they issued tickets or gave a sobriety test.
- Make a simple diagram of the accident. Draw the positions of all involved cars before, during and after the accident. If there are skid marks on the road, pace them off. Draw them on the diagram, noting the distance they cover. Mark the positions of any crosswalks, stop signs, traffic lights or streetlights. If you have a camera with you, take pictures of the scene, and of the other drivers and occupants. However, do not place yourself in a position of danger in order to complete an accident diagram. Be aware of traffic conditions and skip any measurements that could place you in a position of harm.
- Write down any problems with vehicles not caused by the accident, such as bald tires or a burned out headlight. Take photos if possible.
- Write down contact information for police at the accident scene.
Gather as much information for the later investigation as possible. As time passes, memories tend to fade. When you are questioned later, you'll be glad you wrote down the details at the scene.
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Typically reports should be filed with the police, your insurance company and the DMV:
- Police or Other Law Enforcement — In California, if the accident causes personal injury or when property damage is more than $500, you are required to report the accident to the police promptly. You may have to make reports in person at the police station, although some officers may take reports over the phone.
- Your Insurance Company — Most auto insurance companies require their policyholders to promptly report a car accident, so that the company can conduct its own investigation. Failure to report in time may mean the company can deny you coverage.
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Department of Motor Vehicles ("DMV”) — California requires every driver involved in an accident causing personal injury or property damage in excess of $500 to file an SR-1 form. Typically a DMV report must be filed within five or ten days of the accident. If you fail to report the accident to the DMV, your driver’s license could be taken away, regardless of fault.
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Do not volunteer any information about who was to blame for the accident. At the scene of the accident you may be upset, confused, or injured, and you certainly will not have had time to consider all of the facts surrounding the accident. You may think you are in the wrong and then learn that the other driver is as much or more to blame than you. You may wish to consult an attorney before making any statements about the accident, except to cooperate with law enforcement at the scene. Remember that anything you say to the police or the other driver could be used against you at a later time.
Do not agree to pay for damages or sign any paper except a traffic ticket. The scene of the accident is not the place for such decisions to be made.
Be sure to cooperate with the police officer investigating the case. But, stick to the facts. For instance, if you know you were driving 30 miles an hour, say so. Do not say, "I wasn’t speeding."
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Even if you feel fine after an accident, it is a good idea for drivers and passengers to see their doctors after an accident, just to be sure that everything is all right. 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. It is not recommended that you settle claims from an accident until a doctor has seen you and advised you about the extent of your injuries, if any.
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Kershaw Cutter & Ratinoff attorneys are experienced in representing individuals injured in car accidents in jury trials as well as settlement negotiations. Our expertise includes handling cases ranging from simple collisions to automotive product liability to improper road design.
If you have been injured in a car accident it is important that you contact an attorney immediately to protect your rights. To contact an experienced car accident attorney at Kershaw, Cutter & Ratinoff and to get a free and confidential case evaluation, please fill out and submit the contact form on this page or call us toll-free at (888) 285-3333.