1. Call 911 and stay in your vehicle. If you are able, call 911 after you ensure you are not in harm’s way. If you are on a major highway and it’s safe to do so, move your vehicle as far off the shoulder as possible. After moving your vehicle, stay in it until emergency personnel secure the scene and ask you to exit your vehicle (even if your vehicle is off the roadway). If you feel you must exit your vehicle before being told to do so, move to an area completely out of harm’s way. In both situations, it is best not to speak to the other driver — especially about who was at fault for causing the accident.
2. Explain to the police officer your version of the accident. If you want to later have the possibility of making claims against the other driver for your property damages and injuries, it is very important that the police officer properly record how the collision occurred and to whom he contributes the cause of the accident. I cannot tell you how often I am contacted by a prospective client who tells me how the collision occurred and it appears there is no question that the other driver is at fault. Unfortunately, when I get a copy of the police report, the report does not support the client’s version, but instead indicates the client may be at fault or at a minimum makes it unclear what happened and who was at fault.
Sometimes police officers at the scene of an accident interview only one of the drivers involved. This often happens if one driver is unconscious or has already been taken from the scene by emergency personnel. Unfortunately, this also happens because police officers sometimes ignore one party because they take an instant disliking to the driver or because of some kind of prejudice against the driver. Do not let this happen to you. Clearly and calmly explain to the police officer your version of events. If you are not able to communicate with the officer because you were badly injured and/or were taken from the scene by emergency personnel, contact the investigating police officer when you become able to clearly and calmly explain your version of events.
As soon as practicable after the accident, get a copy of the police report and if you find after the fact that the police officer made a mistake when getting your version of events, contact the police officer or the officer’s supervisor about correcting the mistake. Be courteous at all times when speaking to the investigating officer or the supervisor. If they will not prepare a supplement report, at least you can show that you disagreed with the report all along.
3. Tell the police officer whether you were injured and to what extent. Again, if you later want to have the possibility of making a claim for damages against the other driver for physical injuries, it is important to tell the officer at the scene whether you were injured, where you were injured, and to what extent. Sometimes, because of the adrenaline in your system caused by an accident, you do not feel pain at the accident scene. But if you do, tell the officer you are injured, where the injury is and to what extent you’re injured. Also, tell the officer if you need an ambulance to take you to the hospital. If you do not feel injured at the scene, but later begin getting stiff and/or begin feeling pain, go to the emergency room as soon as possible. One of the first excuses I hear from insurance companies when they do not want to pay claims is that my client did not complain of injuries at the scene or waited several days to get any medical treatment.
