Medical Malpractice

You Should Call The Police!

You have just been in a car crash. The other person gets out of their car. They apologize. They say that the were not paying attention and did not see the stop sign. They ask you if your are okay. You say well there is…

You have just been in a car crash. The other person gets out of their car. They apologize. They say that the were not paying attention and did not see the stop sign. They ask you if your are okay. You say well there is no blood, but I am pretty shaken up. They suggest just exchanging information and letting “our” insurance carriers work out any claim for damages. So you exchange your insurance and license information and then leave the scene.

Later on when you talk to your insurance company they tell you that the other driver is now claiming that they had the right of way and you failed to stop. They also say that they asked you if your were hurt and you said no. They ask you if you have any witnesses to the crash. You say you remember seeing people around but you did not get their names or telephone numbers.

While calling the police is not going to prevent someone who causes a collision from lying, the officer can often look at the damage of the vehicles, the debris and the position of the cars, if they are not moved and determine who was at fault for the wreck. A police officer will obtain a brief statement from all the parties. The other driver will not be as likely to lie to an officer. The officer will take down everyone’s names, addressees and telephone numbers. She will obtain the license, insurance and registration information. If there are witnesses to the wreck, then the officer will take down their contact information. The officer will sometimes create a diagram of the collision and place the point of impact and the point of rest of the vehicles. If there are skid marks or other important information in the crash that relate to the speed of the vehicles prior to the crash then the officer may note that in her report. The officer will usually place one party at fault for violating a vehicle code. Although the officer will rarely issue a ticket for the violation, as it did not occur in the presence of the officer.

A Traffic Collision Report created by a police officer is an important tool that preserves much of the evidence and obtains the facts that an injured person in a crash is not thinking about and not, in many instances, able to obtain or record. Did you spend two weeks at the Police Academy learning how to investigate traffic collisions? The officer probably did. Let them do their job and obtain all the important information regarding the wreck, so you can have it a written form later if you need it.

Many of my clients say that an officer arrived at the scene and would not take a report because no one was visibly injured. I would not let that occur. If your neck or back or ankle is hurting or if you have a red mark from the seatbelt restraining you, then you have some degree of injury. Insist that the officer create a report. If they still refuse, then make sure you get their full name and badge number. Also, don’t minimize your injuries, if your neck hurts after a wreck say so. Don’t tell the other driver or the officer investigating the wreck that you are okay. And if you are unsure of the severity of your injuries, which most people are immediately after a wreck, then get checked out by the paramedics or at the hospital. If the officer asks you if she should call the paramedics or ambulance and you have injuries evaluated and treated, which you don’t know the extent of, then I would recommend that you say YES.

Generally most police officers do a good job of obtaining important information and evidence at the scene of a wreck. They can arrange for tow trucks for the vehicles if they are inoperable and emergency care for injured persons. The most famous slogan for a police agency is, “To Protect and Serve.” Let them do that by calling the police after a car wreck.