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Injury Information Center
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Do I Have A Case?

AT THE ACCIDENT SCENE

WHAT SHOULD I DO?

Question: Ive just had a car accident. What should I do?

Answer: Stop your car in a safe location and do not leave the scene of the accident. The law requires that you identify yourself and render assistance before leaving the scene of an accident. Police must be called if the accident involves injury, death or property damage of $1,000 or more, or $200 of governmental property damage.

Question: Should I get out of my car?

Answer: If you are safely able to do so, you should help anyone who has been injured. Make sure that police or an ambulance are called if necessary. Be careful about moving anyone who may have been injured. Go to a place where you will not be in danger of being hit by traffic coming through the accident scene. Occasionally what starts off as a minor traffic accident turns into a tragic situation when oncoming traffic encounters stopped traffic or people on the roadway. Do what you can to make sure that oncoming traffic is warned about the accident.

Question: Should I talk to the other drivers involved in the accident?

Answer: A driver involved in an accident must give his name, address, vehicle registration number, and show his drivers license to any other driver involved in the accident, if asked to do so. You should not make any statements or admissions about fault or causing the accident. A lack of complete information and the excitement of the moment can lead to admissions that would not have been made in a more normal circumstance.

Question: Do I really need an ambulance?

Answer: If you are injured, the investigating officer is likely to ask you if you wish to be transported to the nearest emergency room. This is not the time to be tough. If you have been injured, tell the police officer so. Accept his offer to have you transported to the emergency room if you have any question about your ability to get there yourself. It is best to have a doctor give you a thorough examination as soon after the accident as possible. Of course, sometimes, it is imperative from a medical standpoint.

Question: What do I do if the other driver threatens to leave the scene or actually does so?

Answer: It is important for you to gather information about the parties involved in the accident as well as making note of any witnesses to the accident. Certainly, if a driver involved in the accident threatens to leave the scene, you should advise him that he may be violating the law and that he should wait for the police. Write down his name, address, drivers license number, and any other identifying information that may be available to you. If nothing else, be sure to get his license plate number as well as a description of the vehicle he was driving. This information should be shared with the investigating police officer.

Question: Should we move the vehicles involved in the accident before the police arrive?

Answer: To some extent, this is a judgment call. If you have been involved in a serious crash with possibly serious injuries to anyone, do not move the vehicles. Sometimes drivers will have different versions of how the accident occurred and the resting location of the cars may be an important piece of evidence. The resting location of the vehicles may be instructive on who had the right of way, the speed of the vehicles, whether someone had crossed a centerline, etc. Similarly, skid marks, marks on the roadway, and debris on the road at the point of impact may be crucial in determining whose fault the accident may have been. This evidence should not be disturbed. An investigating police officer is likely to take photographs of a serious accident scene. You may ask him or her to do so if it does not appear as though he is going to do so on his own. Similarly, if you have access to a camera, it can never hurt to have lots of pictures of the accident scene.

In other situations, the accident may be quite minor with little or no injury involved. If the cars come to rest in an area of high traffic volume, leaving the cars in their post-accident position may increase the possibility of additional and more serious accidents and injuries. In a very minor accident with no apparent injury, it may be best for you to speak with the other drivers involved in the accident and agree to move all of your cars to a safer location nearby. Ultimately, the safety of those involved in the accident as well as oncoming traffic should be the deciding factor.



Herrick & Hart, S.C.
116 West Grand Avenue
P.O. Box 167
Eau Claire, WI 54702
Tel: 715-832-3491
Fax: 715-832-3424