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 is a list of Do’s and Don’ts that you should take if you are involved in an accident with another vehicle or a pedestrian.

In Case of Accident:
  • Never “Make a Deal” for damages.
  • Never leave the scene of even a MINOR accident.
  • Never accept an offer of cash, check or “private” settlement.
  • Never disavow injury to you or your passengers.
  • Never offer to pay ANYTHING even if you think you are at fault.
  • Never administer first aid unless you are LICENSED to do so.

  • Always (when conditions permit) move to shoulder or other “SAFE AREA” to prevent further damage.
  • Always ask someone to summon police and seek medical assistance. Repeat at 5-minute intervals.
  • Always remember the 3C’s: Remain CALM, COURTEOUS, CONSISTENT in your version of the accident.
  • Always obtain complete information from those involved.
  • Always notify the owner of the car you are driving as soon as possible.

The Law Requires Information

The motor vehicle law of Illinois requires the driver of any vehicle involved in an accident to give his name, address and the license number of the vehicle he/she is driving to the other party. If it is requested, the driver must exhibit his/her driver’s license. Leaving the scene of an accident without furnishing such information may subject you to criminal prosecution.

If you collide with an unattended vehicle, the law requires you to locate the operator or owner of the vehicle and tell him/her 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 from 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.

Such precautions may prove invaluable in the event that legal questions develop.

Four things you need to know

See Your Doctor

If you have any doubt at all about your own condition or that of the passengers in your vehicle, see your doctor immediately for an examination and ask your passengers to do likewise; then be guided by the findings.

File Accident Reports

Notify your automobile insurance company immediately and cooperate with your insurance representatives in their investigation.
In addition, Illinois 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 a lawyer of your personal choice. 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.