What to do when you are involved in a motor vehicle accident

Car accidents, no matter how big or small, are jarring, scary and sometimes life changing. The sudden surprise can disorient you and cause you to forget to do certain simple and fundamental tasks that are important for your safety and your rights. Here are a few critical steps you can and should take when and if you are in an accident:

Ensure that you have control of your vehicle, e.g. put it in park. Put your hazards on to warn other drivers. Check on your passengers. If necessary, and if you are able, move your vehicle to a safe area so that you and your passengers are out of harm’s way. Turn off the engine, shift into park, and check your surroundings. Consider the use of road flares.

If you must move your vehicle, and if it is safe to do so, take photographs of the accident scene before moving your vehicle. Take images, where safe and possible, from all sides of the accident scene. Document the position of the vehicles immediately after the impact, and certain evidentiary clues such as skid marks.

If you cannot move your vehicle, you should exit the vehicle and move to a very safe area. If there is precipitation or icy/snowy conditions, be very careful when exiting the vehicle and be extremely mindful of where you stand at the accident scene. In bad weather or slippery conditions, standing near the road presents a serious danger, as passersby will often be distracted (“rubber necking”). Passing motorists focus their eyes on the vehicles and may not notice people standing or walking about the accident scene.

Be cognizant of your surroundings. If you have a sense that you might be in danger, and if your vehicle is still operable, consider relocating you and your vehicle to a well-lit or more populated area, while you contact the police.

Even in minor accidents, it is important that you contact the police immediately. You should remain firm with emergency operators that you want the police to report to the scene of the accident.

Gather information: obtain driver names, license plate numbers, the make and model of each vehicle, contact information for eyewitnesses, notes about what people are saying happened, traffic signals and road signs nearby, and the names and affiliations of first responders (e.g. fire, police, and ambulance).

Use your phone camera: ask to take a photograph of driver’s licenses and insurance cards; take photographs of the scene and damage to vehicles, traffic signals and signs; and look for evidentiary clues such as skid marks or property damage to poles or guardrails.

Contact your insurance company to report the accident and provide them with the information you gathered from the scene.

Go to the hospital or your primary care physician. If the first responders ask if you need medical assistance, say “yes”. In Pennsylvania, people who have auto insurance have what is called “first party medical benefits” which cover medical treatments for injuries caused by an auto accident. So, if you take a ride in the ambulance to the hospital, or take yourself, your auto insurance will cover that expense. Back, shoulder, and neck injuries, and concussions sometimes do not present until hours or days later, even if they are severe. Getting to a healthcare provider immediately can be vital for your health and ability to heal. It will also document that you were in fact injured in the accident and not because of some other occurrence.

When you get to the doctor, be sure to explain your symptoms clearly. A good patient history, description of the accident, and detailed statement of your symptoms will enable your healthcare provider to appropriately determine what tests you need and apply the appropriate diagnoses and courses of treatment. All too often, people go to the hospital right after the accident – which is good – but they tell the ER people that they feel fine. This is a perfect excuse for the hospital to discharge you with some prescription pain relief medicine and send you on your way. You should instead tell them where it hurts, how it came to hurt, and what it feels like. If you are disoriented, dizzy, or nauseous, do not just assume that those feelings will just subside and do not just chalk it up to nerves. Advocate for your health and safety by giving your healthcare providers a full and honest assessment of your symptoms and feelings.

Finally, contact your attorney and schedule a consultation.