When a Car Accident Happens:

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(For a printable version in Spanish, click here)

1. Stop
NC 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, as a collision site is a dangerous place. Everyone who is able to do so should move well away from traffic. If possible, avoid standing between two vehicles, even if they are off the road. At night, use any available flares and reflectors, and always have a flashlight available. If there are no obvious personal injuries and the car can be driven normally, move your vehicle off the road.

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.

6. Traffic Charges
Being arrested or receiving a ticket at the scene of the accident does not necessarily indicate liability for damages. However, the way that any such charges are resolved may be used as evidence against you in civil court, if there is a lawsuit either on your behalf or against you. The relationship between criminal and civil consequences for a collision can be complex, and accidents frequently result in both civil and criminal consequences, as well as increases in your insurance rates. Beause of this, it is best to consult a lawyer before entering a plea in traffic court.

Remember to:

1. Say Nothing
Do not give any opinions about the wreck. You may find it helpful to take notes on it so that you can recall the details later. However do not show your notes or admit any wrongdoing to anyone, 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 also 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 Evidence
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. If you do not have a cell phone with a camera, keep a camera in your glove box and use it to document important elements of the scene. If the offending driver looks impaired, video footage can help provide proof of that.

Take Notes
Make your own written notes on all significant circumstances concerning the accident as soon as possible..

Leaving the Scene:
It is recommended that you don't leave the scene until you have, as outlined previously, assisted the injured, protected the scene, called and assisted and officer, identified the other driver, and obtained pertinent information about all witnesses. 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 s/he has given her/his name, address, license plate number, and driver's license number to any person(s) affected by the accident, and the investigating offcer 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 and also that the shock of the experience can mask your symptoms. Unless the accident was a minor impact one resulting in no symptions whatsoever, you should see a doctor as soon after the accident as possible.

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.

Select Your Own Lawyer
Make sure no one rushes you into taking a settlement, especially if you are still receiving medical treatment. Select your own lawyer to advise you. A lawyer is trained to assist you in handling the problems resulting from an accident, including the preservation and gathering of evidence.

Preserve Evidence
Take photos of your injuries, particularly bruises. Keep your medical bills. The vehicle should also be photographed. If you suspect that the accident was caused by a defect in your vehicle, do not let your vehicle be sold as salvage, so that it can be examined. The scene may need forensic examination, also. It is never too early to retain counsel who may need to quickly involve an expert.  

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