The lawyers at Palecek, McIlvaine, Hoffmann & Morse have been representing those injured in automobile accidents in Wadsworth, Medina, and surrounding counties since 1971. The moments immediately after you are involved in an accident or witness an accident are important. Generally, your obligations are as follows:
What must I do if I am involved in an auto accident as a driver?
Any time a motor vehicle you are operating is involved in a collision on a public road in Ohio, the law requires you to do the following:
- Stop your auto immediately.
- Give your name, address and (if you are not the owner of the vehicle) the owner's name, as well as the registration number of the vehicle to: any person who is injured; the occupant, owner or attendant of any damaged motor vehicle; and a police office at the scene of the accident.
The law does not require you to call the police in the event of an accident, provided no one is obviously injured. Likewise, police are not required by law to investigate a non-injury accident if they are called. If, however, the police do investigate, they must report the results of their findings.
Though the law does not require you to contact the police following a non-injury accident, you should do so, for several reasons: 1) on-the-scene police can help establish the facts of the accident if there is a dispute about who is responsible for damages; 2) some injuries may not be obvious until several days after the accident; 3) police can help route traffic around the accident site, increasing safety for the parties to the accident and for other drivers.
If someone has been injured in the accident to the extent that he or she is unable to understand and record insurance information, etc., you must notify the nearest police authority. You must remain at the scene of the accident until a police officer arrives, unless you are taken away by an emergency vehicle.
If you collide with an unoccupied motor vehicle, you must attach the required information firmly to the motor vehicle in a conspicuous place.
If you are involved in an accident on public or private property other than a public road, you must give the required information, on request, to any person injured, and to the owner of the damaged property. If you do not give the information to the owner or person in charge of the damaged property, you must, within 24 hours, notify the police department of the city or village in which the accident occurred, or if it occurred outside the city or village limits, to the sheriff of the county in which the accident occurred. You must tell the police agency the date, time and location of the accident in addition to the required information.
Before 1997, Ohio law required all drivers to file Financial Responsibility Accident Reports ((Form 3303) with the Bureau of Motor Vehicles (BMV) if they were involved in motor vehicle crashes resulting in injury or death, or causing property damage over $400. This report (which is not the same as the accident report completed by a police officer at the time of the accident) was development to verify that all of the parties involved in an accident were covered by liability insurance at the time of the accident. When both parties to an accident carry liability insurance, it is no longer necessary for them to file BMV accident reports. If, however, a motorist is involved in an accident and has reason to believe the other party was not insured at the time of the accident, that motorist has six months to file a BMV accident report and to allege that the other party was not financially responsible. After the report has been filed, the other party is contacted and must prove financial responsibility. These forms are available through the BMV, insurance companies and independent agents. (Remember: No one may force you to give opinions of the cause of the accident, either on the scene or at the police station. No one can force you to admit blame. You have a right to see an attorney before making any statement.)
Helpful tips for drivers.
* If possible, do not move your car until the police arrive. Do not, however, leave your vehicle on a road in a position that creates a traffic hazard that might cause another accident.
* Obtain the names and addresses of the drivers of the other vehicles involved. You should also get the names and addresses of all passengers in the other vehicles and of all persons who may have been witnesses. If you cannot obtain the names and addresses of witnesses, try to obtain the license numbers of their cars.
* Take notes of the circumstances of the accident. Give the position of the cars before, after and at the time of the accident. Step off skid marks, locate the point of accident if you can and note other structures or markings that may be relevant. (See accident form on the back of this pamphlet.)
* Assist the investigating officer, but do not give any opinion about the cause of the accident unless you are absolutely sure your opinion is correct. You are not required to give any information other than that outlined earlier.
* Try to make any seriously injured person comfortable and phone for medical aid immediately. Do not move injured persons in any way that would aggravate an already serious injury. If you think you or your passengers may have been injured, you and/or they should consult a doctor immediately.
* Report the accident to your insurance company as soon as possible.
* If you are required to appear in court on a traffic charge, you should obtain the advice of an attorney.
* Make no payments to anyone without legal advice, and do not hurriedly accept a settlement of a claim you feel you may have. An attorney can explain your legal rights and obligations.
What must I do if I witness an accident?
The law does not require you to do anything about an accident in which you are not involved. However, witnesses are often in a better position to relate the facts and circumstances surrounding an accident than the persons involved.
* Offer assistance to any injured persons.
* Obtain the names and addresses of the parties to the accident and other witnesses and license numbers of all vehicles near the accident.
* Make notes about the accident. Note the position of the cars before, after and at the time of the accident. Step off skid marks, locate the point of accident if you can and note other structures or markings that may be helpful.
* Give your name to the police and to the parties involved in the accident. Although a very small number of accidents result in lawsuits, in most of those that do, the parties and their attorneys find it difficult to obtain the cooperation of independent witnesses. Objective, honest testimony by independent witnesses is essential to our legal system. Often the parties and their attorneys will have no facts on which to make a decision as to their position unless an independent witness comes forth. The lack of such help may prevent a seriously injured person from receiving just compensation or may result in the responsible person unjustly receiving compensation.
© 2006 Ohio State Bar Association. All rights reserved. Used with permission. Please note: The Ohio State Bar Association periodically updates Law-Facts Pamphlets. For updated or additional information, please visit http://www.ohiobar.org/, click on "public" and then "Law-Facts" pamphlets. Ohio State Bar Association P.O. Box 16562, Columbus, OH 43216-6562. (800)282-6556 or (614) 487-2050. Funding from the Ohio State Bar Foundation.
