What to Do if You See a Car Accident

It can happen in an instant. One minute you are driving along smoothly, and the next thing you know, a large SUV rams the car in front of you on its side. Once the shock of the incident wears off, you may be wondering what you are required to do in this situation, especially as witnessing a car accident is not only unsettling but can leave you with many questions and doubts about whether or not to involve yourself.

In this blog post, we will dive into this topic about whether you need to help others following a car accident. We’ll discuss the actions you should take, the measures you should avoid, and other critical details you need to know in the event you witness a car crash.

Actions to Take if You See a Car Accident

Car accidents are not only stressful and devastating for the individuals involved in the crash, but also for the witnesses who observe the accident. But keep in mind that the actions you take after seeing such an accident can not only save the life of the individuals involved but can also help ensure that victims’ legal rights are protected as well. As a result, if you witness a car accident, you should:

Pull Over and Ensure Your Safety First

If you are driving when the car accident occurs, you need to pull over to a secure location that is at least 100 feet from the scene and turn on your hazard lights. This can help lessen the chance of you causing any additional crashes and protect you from the danger of leaked fuel, flames, or broken glass.

Once you are safe, you can then check to see the individuals involved in the crash are safe, assuming doing so does not require you to place yourself in danger, such as by crossing a freeway where traffic has continued to flow. If you see someone in their car or on the ground, do not move them if they are seriously injured unless it is absolutely necessary. Moving these victims before EMS arrives can end up causing them more harm.

Contact 911

Don’t assume someone else must have contacted the police after the crash—you should still call 911 and report the accident to the authorities. This is the fastest way to get the accident on record and to notify the police and emergency medical personnel that someone at the scene needs medical help. Once the police arrive, provide your name and contact details to them. If any of the other drivers involved in the accident ask for your information, go ahead and offer it to them as well, to the extent you feel comfortable.

Document the Scene

If it is safe for you to do so, try to take pictures or videos of the accident scene. These may include photos of the vehicles involved, visible injuries, the weather conditions at the time of the accident, skid marks on the road, traffic signs near the accident, and any other evidence that can help show what happened. If you are later called as a witness in any kind of court proceeding, pictures and videos can corroborate your testimony.

Stabilize the Motor Vehicle, if Possible

If the motor vehicle accident is minor, recommend the drivers to put their vehicles in park and switch off their ignitions. This can help eliminate the risk of fire, especially if there is a chance that a crash caused a coolant, fuel, or oil leak.

If it is safe, you can also enlist help from others to move an immobilized vehicle out of harm’s way and leave space for emergency responders and the police. If that is not possible, you can try to set up flares, if you have any, to warn other drivers of the accident.

Offer Accident Victims Support

If you feel comfortable, you can head over to the victims and see if you can help them and let them know help is on the way. Remember, if the victims have suffered a significant injury, it is best not to move them. However, you can help them in other ways, including asking them if they need any additional assistance or offering them your phone so that they can contact their family, relatives, or friends.

Get Medical Treatment If You Need It

Car accidents are not only upsetting for the victims involved but also for the witnesses who saw the accident, especially when they entail devastating harm and fatalities or involve children. If you are emotionally or mentally struggling following the accident, make sure you see a doctor and get the medical attention you need.

Actions You Should Avoid After Witnessing a Motor Vehicle Collision

While there are several helpful actions you can take following a car crash, there are also certain actions you should avoid.

These actions include:

• Rushing into the scene: Even if you have the best intentions, rushing into an accident scene is not a good idea. You need to first verify that you are not in danger of injuring yourself or others. If you panic and run to help victims, you could encounter broken glass, sharp metal, or other hazards resulting from the collision that could injure you. If you aren’t cautious in approaching accident victims, you could end up causing them greater injury. If you decide it is safe to enter the scene and provide aid to the car accident victims, make sure you do so with the utmost care and awareness of your surroundings.
• Inserting yourself into a hostile situation: After a motor vehicle accident, the situation can be incredibly tense, particularly between those involved in the accident. Although you want to help, and many times your presence may help keep people’s emotions in check, you need to make sure you put your safety first. Don’t insert yourself if a driver is displaying signs of road rage, such as using threatening language.
• Allowing a driver to leave without getting their information: It is best for all involved in an accident and witnesses to exchange their information at the scene, including names, insurance information, and contact details. But if someone does not want to cooperate, do not push them to do so. Rather, it is good practice to jot down specific and identifying characteristics of the driver and their motor vehicle, such as their license plate number, the vehicle’s make and color, and other details. Additionally, if the at-fault driver attempts to leave the scene, you can also remind them that they could face consequences with law enforcement. You may also want to videotape their vehicle and license plate.
• Speculating about who caused the accident: If you decide to provide a statement to the authorities or someone at the scene, make sure you only stick to the facts. If you do not have an answer, do not try to create one or feel pressured to answer every question that is asked. Don’t make any guesses as to what happened or who is to blame.
• Ignoring a subpoena: A subpoena is a court-issued order for you to appear in court. If you witnessed an accident, you shouldn’t be surprised to receive one of these, even long after the accident. Generally, if a lawyer needs you to testify about what you saw, they may subpoena you as a witness. In these situations, you should not ignore this subpoena, as it is against the law to do so and could lead to court sanctions. Such sanctions may include significant fines and penalties, including jail time for ignoring the court’s requests. Instead, prepare to go to trial if necessary, especially if you are to provide eyewitness testimony.

Do You Have to Stop if You Witness a Car Accident?

Generally, you aren’t legally obligated as an individual or an everyday citizen to stop and render aid to those who need it. However, if you were in a car accident in any way beyond witnessing it, you do have a legal obligation to stop. If you do not stop, you can incur criminal liability. For this reason alone, it may be in your best interest to pull over if you witness an accident and are not sure if you could be considered to have been involved in the accident somehow.

Information to Provide to the Police About the Accident

If you witness a car accident and contact the police, you should be prepared to tell the operator:

• Your name and that you are a witness of the accident
• The location of the crash
• The number of vehicles involved in the collision
• The injuries you can see

Helping Individuals in a Car Accident and Liability

Generally, you should not incur any liability if you stop to help following a motor vehicle accident. However, people often hesitate to help victims following a crash because they are afraid of placing themselves in a position where they can be sued for their actions. Because it is a good idea to allow people to help those in an accident, certain states have laws shielding those who help from liability, such as Florida with its Good Samaritan Act. Under this act, any individual who helps provide emergency care cannot be sued for civil damages unless they acted unreasonably or in bad faith, or the victim objected.

While the Good Samaritan Act does protect those that help, its primary intention is to encourage health care professionals to provide emergency assistance. As a result, if you are not a healthcare professional, avoid providing medical care—beyond first aid, but only if you were trained—or moving the victim unless absolutely necessary.

Providing the Police With a Statement—What You Need to Know

Once the police arrive at the crash scene, they may ask you for a statement. These officers need to gather as much information as possible about the car crash, particularly if there is potential criminal activity involved. Your account can often provide them with relevant details regarding what happened and who caused the accident.

Before you give a statement, you should:

• Be clear and factual in your responses
• Take your time and think about what happened and what details you need to provide
• Do not make any assumptions
• Be prepared to provide your contact details

Insurance companies may also contact you after the accident. In these situations, just as you did with the police, stay honest and provide clear details about the collision, what happened, and what you saw.

How Witness Statements Can Help Victims

Car accidents can get quite tense, especially when they involve a reckless driver. In these situations, victims can feel intimidated. Your presence, alone, can be reassuring to them. Your being there may help defuse potential arguments or fights between the motorists, or prevent someone from trying to flee the crash scene. If you provide a witness statement, you can help an accident victim even more, as they will know someone can testify to what happened. Remain calm throughout this process and mindful of your safety.

In addition, if the accident you witnessed was a hit-and-run, the input you provide as a witness can be significant to the victim’s claim. Maybe you saw something the victim did not, especially if the victim was knocked unconscious by the accident as the other motorist fled the scene. For these reasons, if you observe a hit-and-run accident, try to take a picture of the fleeing motorist’s vehicle and license plate, and write down everything that you saw as soon as possible. Stay at the scene until the police arrive so that you can provide them with your information.