Auto Accidents
Even the best drivers are subject to automobile accidents. Therefore,
we should all know what steps to take immediately following an accident
to protect the life, limb, property and legal rights of those involved.
Doing the right thing, in the right way, at the right time may save
a life; it will always minimize, and often avoid, legal problems.
Here
are the steps you should take if you are involved in an accident with
another vehicle or a pedestrian:
Stop Your Car
Never leave the scene of an accident in which you or your
car were involved. No matter how slight the collision, if you fail
to stop you may subject yourself to criminal prosecution, even though
the accident was not your fault. Stop you car as soon as possible without
further endangering any person or property, and without obstructing
traffic. Do whatever is necessary to warn oncoming traffic in order
to prevent further accidents. If possible, station someone in position
to warn approaching vehicles. At night, use flares or reflectors or
your flashlight, if available.
Call the Police
Policemen are trained to handle any situation that may result
from or arise after an accident. If you are involved in an accident,
even though you are not physically injured, you may suffer from shock
and excitement which makes it difficult for your to think clearly
at the time. Let the police take over when he arrives. He will handle
any emergency and investigate the accident. His report of investigation
may be helpful to you later if you are sued, or if you decide to
sue someone else. If the accident occurs within the limits of a city,
village or town, call the municipal police. If it occurs on the open
highway, call the nearest State Police Station or the County Sheriff's
office.
The Law Requires Information
The motor vehicle law of California requires the driver
of any vehicle involved in an accident to give his name, address
and the license number of the vehicle he is driving to the other
party. If it is requested, the driver must exhibit his driver's
license. Leaving the scene of an accident without furnishing such
information may subject you to criminal prosecution.
If you collide with a vehicle which is unattended, the law requires
you to locate the operator or owner of the vehicle and tell him your
name and address. If you cannot locate the owner, leave a written
message stating your name and address and the circumstances of the
collision in a conspicuous place or in the unattended vehicle.
The best policy is
to give no more information than the law requires. Do not comment
on the cause of the accident, and do not admit fault even if you
think you were in the wrong. You may discover later that the other
driver was equally or more to blame. In addition, immediately after
an accident you will most likely be emotionally or physically upset
to such an extent that you will be unable to accurately appraise
the situation. There will be a time for explanations later. No one
has the right to force you to give an opinion as to the cause of
the accident, at police headquarters or elsewhere. You have the right
to consult a lawyer before making a statement.
Obtain Protective Information
Just as the law requires you to give certain information,
you are entitled to the same information form other persons involved
in the accident. Do not fail to obtain this information. In addition
to the names and addresses of the persons actually involved,
make an effort to obtain the names and addresses of all persons who
witnessed the accident. Witnesses may be important later if legal
action becomes necessary. Also, if reasonable to do so:
Make notes of the important aspects
of the collision to help you remember them.
Diagram the exact position of the vehicles before and after the accident.
Step off skid marks and other important distances.
File Accident Reports
Notify your automobile insurance company immediately
and cooperate with your insurance representatives in their investigation.
In
addition, California law requires you to file a written report of
any accident in which you were involved which resulted either in
the death or injury to any person and in most accidents where property
damage occurred. Failure to file a report may cause you to lose your
license. A report form may be obtained at any police station or sheriff's
office. The place where the report should be filed appears on the
form. The filing of the report should be within ten days after the
accident.
Arrests
An arrest, either of you or the other party, does not necessarily
indicate liability for the accident. However, a statement
of guilt or a plea of guilty to a traffic ticket, may be used as
an admission, so it is important that you obtain legal advice if
you are arrested. Receiving a ticket is an arrest.
Your Rights
If you are not certain of your rights, consult
with a lawyer. Your insurance company will always be
represented by trained adjustors or by an attorney.
You should ignore any attempt by a representative of
the other party to influence you against the advice
of your own attorney. Furthermore, beware of an attorney
or anyone representing an attorney who approaches you
with a request to handle your case. Solicitation of
business is an unethical practice in the legal profession.
Solicitation by non-lawyers is illegal and a violation
of state law.
Damages
If you lose work, sustain
injuries or have other losses,
you may be entitled to reimbursement
under your own policy of insurance if the conditions
have been met. You may also be entitled to
damages from the other party
to the accident.
Awarding monetary damages is the law's
method of putting the wrongfully injured party, as closely as possible,
into a position equal to that position before he was injured. If
you are in the right you may be entitled to recover money for the
following:
>
Nature,
extent and duration of injuries.
> Pain and suffering from injuries.
> Disability, both temporary and permanent.
> Reasonable expenses resulting from injury, including medical and
hospital expenses.
> Loss of income.
> Value of damage to property.
> The Law Requires Insurance
The motor vehicle law of California now requires
that all motor vehicles intended for use on public highways be covered
by liability insurance. Certain vehicles are exempt from this requirement
including inoperable or stored vehicles that are not operated. You
must also have within the vehicle proof of insurance. Insurance companies
issue insurance cards which comply with this requirement. The law allows
the Secretary of State to request verification of insurance from you.
Violations of this provision will result in significant financial penalties
and may result in loss of driving privileges.
