IF YOU'RE INVOLVED IN AN ACCIDENT

The North Carolina Academy of Trial Lawyers (c) 2002

1. Stop
North Carolina law requires that the driver of a vehicle involved in a wreck resulting in personal injury, death, or property damage must stop his/her vehicle at the scene of the accident.

2. Assist The Injured
Your first duty, after stopping your car, is to check for injured persons. North Carolina law requires that you render reasonable assistance to any injured person. If someone is seriously injured, try to get a doctor or call an ambulance—whichever is quicker.

Make the injured person comfortable, but do not move the person unless you are skilled in such practice. Good intentions on your part could result in further injury to the victim.

You may need to transport such a person to a physician or hospital for medical treatment if it is apparent that such treatment is necessary or requested by the injured person.

Any person who renders first aid or emergency assistance at the scene shall not be liable in civil damages for any acts of omissions unless such services amount to reckless or intentional wrongdoing.

3. Call An Officer
North Carolina law requires the driver of a vehicle involved in a wreck resulting in personal injury, death, or property damage of $1,000 or more shall immediately, by the quickest means of communication, give notice of the wreck to the local police department, sheriff, or highway patrol.

Even if there are no apparent personal injuries, it is advisable to give this notice immediately. Injuries often show up later, and it is important that an officer investigate the accident promptly. The investigating officer will forward a written report of the wreck to the NC Division of Motor Vehicles.

Anyone can obtain a copy of this report from the NC Division of Motor Vehicles in Raleigh. The official report might assist you later if any claim of liability is made.

4. Protect The Scene
Make every effort to prevent further accidents. If possible, have someone stationed to warn approaching vehicles. At night, use any available flares and reflectors, and always have a flashlight available.

5. Assist The Officer
Remain at the scene, unless injured, until the officer arrives. Cooperate with the officer by relating the basic facts briefly. Remember, no one can force you to give an opinion as to the cause of the wreck at the scene, at police headquarters, or elsewhere. You have the right to consult a lawyer before making any statement. If it is a serious accident, consult your lawyer as quickly as possible.

ARRESTS
An arrest at the scene of the accident does not necessarily indicate liability. A plea of not guilty and conviction in connection with a car accident cannot ordinarily be used against you later in a suit for damages. A plea of guilty and conviction may be used as an admission. So it is important that you contact your lawyer as soon as possible before admitting any liability or guilt.

REMEMBER TO

1. Say Nothing
Do not comment on the wreck. Keep your notes and your information strictly to yourself. Admit nothing and sign nothing, even if you think you are in the wrong. You may learn later that you were not in the wrong or that the other driver was equally to blame. Hasty, emotional admissions can be costly. There will be sufficient time to admit blame later if the facts clearly show that you were wrong. NC law requires only that you give your name, address, and the license plate number of the vehicle you are driving, and exhibit your driver’s license to any person affected by the accident.

2. Pay Nothing
Make no immediate payment of any kind to the other party nor promise to make payment. Any such payment would be at your own risk. The other driver cannot force you to make any payment without legal proceedings, nor can you be held liable without legal action.

DO NOT LEAVE THE SCENE UNTIL YOU

Identify The Other Driver
Obtain the other driver’s name, address, insurance, and license plate number. Ask to see the other driver’s license. North Carolina law requires exchange of this information among all parties involved in an accident.

Record Witnesses
Obtain the name, address, and phone number of any witness(es) as soon as you can. Both eyewitnesses and others at the scene might have some information about the circumstances of the accident. After writing down their names, addresses, and phone numbers, ask them for a written statement as to what happened. Keep a pencil and pad with this brochure in the glove compartment of your car.

Take Notes
Make your own written notes on all significant circumstances concerning the accident as soon as possible. Show the position of the cars after the accident. Step off exact distances of skid marks and other important distances. Be certain that you can at a later date indicate on the road where the skid marks were, where the vehicles collided, and where they came to a stop. If you or someone else has a camera, take pictures (close-ups and at a distance) to preserve skid marks, position of cars, and other physical evidence that will disappear after the accident. Fill out the accident information form and the diagram in this folder as soon as possible.

WHEN TO LEAVE THE SCENE

Unless your injuries cause you to do otherwise, do not leave the scene of the wreck until you have, as outlined previously, assisted the injured, protected the scene, called and assisted an officer, identified the other driver, obtained pertinent information about all witnesses, made notes, and filled out the accident information form and diagram at the end of this brochure.

Further, North Carolina law requires that the driver of a vehicle involved in a wreck resulting in property damage, personal injury, or death shall remain at the scene until he/she has given his/her name, address, license plate number, and driver’s license number to any person(s) affected by the accident and the investigating officer completes his/her investigation or authorizes you to leave.

AFTER LEAVING THE SCENE

See A Doctor
Remember, serious and costly injuries do not always result in immediate pain or bloodshed. See a doctor as soon after the accident as possible.

Comply With Financial Responsibility Plan
The driver of any vehicle in a collision resulting in injury to or death of any person or total property damage of apparently $1,000 or more shall furnish proof of financial responsibility.

Every owner or registrant of a motor vehicle licensed in this state must either have insurance or certain equivalents of insurance. Effective July 1, 2000 the minimum amount of insurance required is $30,000 for injury to one person, $60,000 for injury to more than one person, and $25,000 for property damage.

Failure to comply with the Financial Responsibility Law will result in revocation of your operator’s license and vehicle registration.

Inform Your Insurance Company
Make a complete report to your automobile liability insurance company. Your lawyer can make this report for you.
If you are a member of any group insurance plan or have any insurance providing medical or disability coverage, you should notify such company of your accident and injury and file appropriate claims.

Notice
If you are hospitalized as a result of your accident, you should not sign any document that states benefits recovered from the defendant driver’s car insurance policy will reimburse the hospital for medical care. In some situations, the limits on the defendant’s policy will not satisfy the total amount of your claims. If you have given the hospital an assignment of these benefits, particularly when there is not an attorney involved, it may turn out that 100 percent of the money recovered will go straight to the hospital.

Select Your Own Lawyer
Make sure no one rushes you into taking a settlement. Select your own lawyer to advise you. A lawyer is trained to assist you in handling the problems resulting from an accident.

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North Carolina Academy of Trial Lawyers

The North Carolina Academy of Trial Lawyers is a nonprofit, nonpartisan association dedicated to protecting people’s rights through community and professional legal education, championing individual rights, and protecting the safety of North Carolina families—in the home, in the workplace, and in the environment. This brochure is presented as a courtesy of the Academy and your local attorney. We hope it will assist you in understanding your rights and responsibilities in the event of an auto accident.

The Academy’s public education programs work to improve our court system to bring fairness and justice to all citizens and to increase both understanding and appreciation of the American judicial system and the right to trial by jury.

If you have further questions about your special needs regarding an accident you should consult an attorney. It is suggested that you write down all questions prior to meeting with an attorney to ensure that your questions are answered directly and promptly.

This brochure was prepared by the Academy’s Public Education Department. For additional information on the public education brochure series, please contact us.