WHAT TO DO IF YOU WITNESS AN AUTOMOBILE ACCIDENT

As we go about our lives it’s not uncommon to witness an automobile accident. The question that then arises after seeing this is “well…what do I do now?” While it certainly would be easier to just peer out the window as you drive by. Or continue walking to the coffee shop rather than stopping. But a good Samaritan witness that takes the proper steps can really help the community as a whole, and potentially save someone’s life. There are a few things you may want to consider if you decide to help out and give a witness statement: 

First, you need to make sure you are safe location, and not obstructing any emergency service personnel that may later arrive.

This may involve simple steps like moving your vehicle out off the roadway and onto the shoulder. Now when parking on the shoulder make sure you leave room for police, EMTs, firetrucks, and maybe even family members that may arrive to assist those involved in the accident.  

Second, after you have relocated to a safe place, you should probably go ahead and call 911 to report the accident.

This is important because if someone is injured in the accident they may need care right away, especially if it is a catastrophic accident.

Third, you should probably stay away from the scene of the accident for a couple of reasons:

One – There may be hazards on the roadway that could cause you injury. For example, glass and other sharp objects are frequently strewn across the roadway after an automobile accident.

Two – You don’t want to get in the way when EMS, law enforcement, and the fire department arrive. When emergency service personnel show up, they will want to give their undivided attention to those involved in the accident. Officers will be trying to get statements of those involved in the accident, while at the same time fire department may be trying to extricate someone from their vehicle while EMS is evaluating the vitals of an injured party. On scene, it typically gets really busy really fast.  

Fourth, after the scene has calmed down and you see that law enforcement is focusing more on controlling the perimeter of accident scene then, if it is safe, you may go ahead and approach the officer to notify her that you were a witness to the accident.

The officer may then hand you a witness statement form to fill out, and you should be as thorough and specific as possible when recording what you know. Your witness statement can prevent an innocent person from being considered guilty, and vice-a-versa, so please take this process very seriously.

In my practice, I regularly analyze police reports, and one of the things I always look for are witness statements. Witness statements can be, and usually are, the difference between a case with good liability that I can assist with, versus a case where the facts are disputed because both drivers are pointing the finger at each other. Now I understand stopping what you are doing to make a statement for an accident can be an inconvenience. Just trust me when I say the time you take to make that witness statement is truly an invaluable contribution to justice system as a whole.