To protect yourself legally, it’s important to know that acting in certain ways – or failing to take certain actions – can influence your liability in a car accident, even if this is unintentional on your part.
Liability in road accidents and what it can affect
Sometimes, just one driver is held exclusively responsible – or liable – for a car accident. In other cases, liability is shared. For example, one driver might be found 80% liable and the other 20% liable for an accident.
The settlement of both road accident claims and insurance claims is influenced by claimants’ liability for the relevant accidents. Determining liability can be a complex and time-consuming legal process.
What you should and shouldn’t do to avoid assuming liability
Don’t wait until you’re involved in a crash to find out how best to respond. Below we’ve detailed what you should and shouldn’t do if you’re in a car accident.
Fulfil your duties as a driver in an accident
The driver of a vehicle involved in any road accident has certain duties. Make sure you:
- immediately and safely stop your vehicle, pulling off the road
- if people are injured, immediately call emergency services and try to help; however, don’t move anyone injured unless this is necessary to avoid a direct danger
- determine the extent of the damage to vehicles and other property
- immediately contact the police if anyone was hurt or killed, if an offense was committed or if a state vehicle or property was damaged
- share your name and address, the name and address of the owner of your vehicle (if that’s not you) and your vehicle’s license registration with affected parties, including any traffic officers on the scene
- ensure you gather details of the other parties involved
- report the accident at a police station within 24 hours or, if you’re too injured to do this, as soon as you reasonably can.
Avoid intoxicating substances
Unless you’ve been advised by a medical practitioner at the scene, don’t take any substances, including prescription drugs and alcohol, that have a narcotic effect. In some cases, drivers make the mistake of doing this after accidents to calm their nerves – but it’s not advised, for both medical and legal reasons.
If you’re required to undergo a medical examination after the accident, having any narcotic substance in your bloodstream could imply you were intoxicated when the accident occurred. A narcotic substance may also mask physical injury or react negatively with other medication you’re advised to take.
Watch what you say
Don’t say more than you need to. Avoid any inadvertent admissions of guilt or statements that could incriminate you – and definitely never offer any payment, which could be construed as a bribe.
Statements like “I didn’t see you” or “I don’t need medical help” are both examples of admission against interest. Both are admissible in court and can be used as evidence against you in the event that you claim compensation.
Record information about the accident immediately
Aim to get contact details for any witnesses at the accident scene. Make notes about elements such as weather and traffic flow as soon as possible after the accident. Taking photographs at the scene is also strongly advised. Try to get pictures of the vehicles in relation to a fixed structure so that their relative positions are clear. This type of record can be used as evidence to support claims.
Get a copy of the police report
Ensuring you have a copy of the police report is one of the most important things to do after an accident. The police report is a critical piece of evidence used to determine liability in a claim.
Consider hiring an attorney
Minor accidents can usually be resolved after a simple exchange of insurance information. However, if you’re seriously injured in an accident, it’s best to seek the expertise of an attorney who’s experienced in handling personal injury claims. A suitably qualified attorney can give you appropriate legal advice, assist you in preparing and making a claim for compensation and ensure your interests are properly represented.