At worst, someone (including you) could be severely injured, or maybe even worse.
In the wake of any sort of accident, it’s important to take some necessary legal steps, to make sure that you don’t put yourself at risk for any additional liability.
Here are some basic guidelines for what steps to take after you rear-end someone on the road.
(Note: This is just a general informational article, and should not be considered legal advice. For legal advice, you should reach out and contact your attorney. If you don’t have an attorney, and need to know what you should do right now, a law firm like JT Legal Group is capable of giving you a case evaluation and helping you to understand the actual legal hurdles of your immediate situation. Always consult a licensed, practicing attorney for legal advice in the wake of a vehicle accident.)
1. First Off, Make Sure That Nobody Has Been Injured
If someone has indeed been injured, then that is the absolute first priority.
This will usually mean dialing 911 and getting emergency medical help on-scene as fast as possible.
However, even if you don’t suspect any injuries (for example, even if everyone seems to be ok at first glance), you should still call 911 to get police on-site for an accident report.
This is crucial.
You always want law enforcement on-site to create an accident report.
2. Exchange Information With The Other Driver
You should try to get the other driver’s full name, their contact information (phone number and address), the name of their car insurance carrier, their insurance policy number, the make, model, and year of their vehicle, and the registration information from their license plate.
You should also try to take a picture of their driver's license if you have a smartphone on-hand, as well as a photo of their proof of insurance, and photos of their license plate and the damage to both vehicles.
3. Never Admit Fault
Make sure that while conversing with the other driver (or anyone else) that you never admit guilt. This can be used in court to sue you and get you to pay more than you may have had to pay otherwise.
Even if you think that the accident must have been your fault, you may not know all of the details of the situation.
For example:
What if the police show up, have the other person blow into a breathalyzer, and conclude that they had been driving while intoxicated?
That could turn what looked like an accident caused by ‘you,’ to look really bad for them—and it could absolutely hold up in a court of law that you weren’t at fault for the accident as a result.
(Of course, this all depends on what state you're in, what the laws are in your area, and on the specifics of the accident. This is why it’s so important to make sure to get legal counsel in the aftermath of an accident.)
4. Contact Your Insurance Provider And Attorney
Once any medical emergencies have been seen, and the police have been called, it’ll be time to get in touch with your insurance provider and attorney to determine what specific steps should be taken next.
You’ll doubtlessly want to gather as much information as possible, as this will help you to construct a defense against yourself if the other driver tries to press the matter further in legal circles.
You will want to obtain a copy of the police accident report, as well as statements by witnesses—and also contact information from those witnesses.
This is also another reason to make sure to talk to a lawyer.
When it comes to liability in a car accident case, an ounce of prevention is truly worth a pound of cure!
Conclusion
There it is.
A few of the necessary steps that you may want to take if you end up accidentally rear-ending someone while driving.
Be safe out there. And of course, always make sure to keep a lawyer’s phone number on you at all times—just in case!
