Things to remember if you’re involved in an accident
If you’ve been involved in a road accident, as a driver there are certain things you should remember to do (or not do) in order to avoid being rendered legally liable .
Being involved in a motor-related accident can be nerve-wrecking and it’s important to try and maintain calmness so that you can focus on the important processes that should follow.
DSC Attorneys , a Cape Town law firm suggests the below 8 things to remember that can render you legally liable in a car accident.
Always remember:
1. Stop and stay at the scene
You could get fined or imprisoned for failing to stop at the scene of an accident. If an incident has occurred, stop and pull over when it is safe to do so.
Being present after the accident takes place is important so that you can gather information from witnesses, give your statement to the police at the scene and assist with possible injuries before an emergency vehicle arrives.
2. Report the accident
It’s extremely important that you call the police as soon as possible, unless the accident is minor and both parties decide to handle things and move on with matters.
An accident needs to be reported within 24 hours at the nearest police station, unless police are at the scene of the accident.
“Keep in mind that you’re not under obligation to give a police officer a verbal statement, either at the scene or at the station. Also, it’s hugely preferable to have an experienced attorney draw up the necessary statement, after proper consultation”, says DSC Attorneys.
3. Get details of the other parties and of witnesses
Make sure you get all the details of not only those involved in the accident, but of and from witnesses too.
Collect and note down as much information from other parties as possible: Names, contact details, insurance details and vehicle descriptions.
4. Don’t take anything “intoxicating” to calm down.
It is an offense to make a sworn statement if you’re under the influence, even if you had only consumed alcohol or narcotics after the incident took place.
Police might ask for you to take a medical examination to determine any injuries sustained from the accident so it is better to avoid taking any “intoxicating” substances.
5. Record details of the accident straight away
Don’t wait to get details. Information such as traffic flow and weather are more accurately remembered as close to the time of the accident as possible.
Try take as many pictures as possible and draw sketches of the moments leading up to the accident while it’s still fresh in your mind.
6. Watch your words
It’s very easy to implicate yourself without knowing it and a lot of what you say could hold you legally liable, even if you weren’t responsible for the accident.
DSC Attorneys suggest that you avoid saying anything along the lines of the following:
- “I will pay for the damages” or “I’m sure my insurance will take care of it” This could be seen as an admission of fault. Similarly, don’t agree to settle anything without the help of an attorney.
- “I didn’t see you” or “I was on the phone”. These are examples of admissions against interest, which are admissible in court and may be used against you.
- “I don’t need medical help. I’m fine.” This kind of statement can be an admission against interest. Also, it can take a few days for injuries to reveal themselves. Endorphins and adrenaline may initially mask the symptoms of injury.
7. Get a copy of the police report
Remember to get a copy of the road accident report. The road accident report, which must be done in person, is an important piece of evidence that will determine who is responsible for the accident.
8. Call an experienced attorney
It’s best to consult with an experienced attorney if you or anyone else involved has any injuries sustained from the accident. If you’re injured a personal injury attorney can help to get you the required or necessary medical attention as well as help you defend yourself if you’re at fault.