Some tips to remember in case of automobile accident

Speaking from the bar

As the daily weather forecasts indicate, the Northern Illinois winter season is in full force, complete with its pristine beauty, outdoor sports, and treacherous driving conditions. Packed snow, ice, fog and glare are all common contributors to auto accidents. Besides the extra caution needed to prevent accidents, you should be aware of certain things if you are to avoid unnecessary difficulties in the event you have the misfortune to be involved in an auto accident.

Obviously, your first concern should be to assist anyone who may have been physically injured in the accident. Call a doctor and/or ambulance. If you are not proficient in first aid, don’t try it, because you may be making the situation worse.

In addition to helping the injured, there are several other things you should keep in mind in an accident situation:

Stop your car.

You should stop your car as soon as you can do so safely. Try to avoid blocking other traffic. Leaving the scene of an accident is a criminal offense which could result in incarceration, a fine and loss of your driving privilege.

Call the Police.

If the accident occurs within the city, call the city police. On the open highway, call the nearest state police station or the county sheriff’s office. Police authorities are experienced in handling emergencies. Let them assist you. If the accident was the other person’s fault, you will be giving up a source of help if you do not notify the police. Many people who have fallen prey to the request, “please, let’s not involve the police,” have lived to later regret their decision.

Provide information.

The Illinois Motor Vehicle Code requires the parties involved to provide their name, address and the license number of their vehicle to other parties involved.

If requested, a driver must exhibit his or her driver’s license. To leave the accident scene without furnishing such information could result in criminal prosecution.

If you hit an unattended vehicle, the law requires you to stop immediately, and either locate the owner or operator of the vehicle and provide him with your name, address and registration number, or leave a written message containing such information in a conspicuous place in or on the unattended vehicle. In the event you leave a message, the law also requires you to notify the police about the accident without unnecessary delay.

In providing information, realize you cannot be required to make a statement. Generally, the best policy is to give no more information than the law itself requires, particularly in any accident involving personal injury or death.

Obtain as much information as possible.

Get the name, address and license number of the other involved parties. In addition, attempt to get the names and addresses of witnesses. This information could be vital if legal action results. Also, make a note to yourself about the position of the vehicle and admissions made by other parties. Diagrams could be useful.

Call your insurance company.

The insurance company might wish to visit the scene of the accident to acquire evidence as to fault, etc. All insurance companies require that they be notified promptly.

See a physician.

Even if you think you are not injured, you should still consider seeing a physician. Injuries could have occured that are not apparent. Do not “be brave.” Play it safe and be examined professionally.

File an accident report.

The Illinois Motor Vehicle Code requires you to file an accident report whenever the accident results in personal injury or property damage in excess of $250. Report forms may be obtained from your local police and must be filed within 10 days of the accident. Failure to file a report could result in the loss of your driver’s license.

The completed report should be sent to:

State of Illinois

Department of Transportation

Safety Responsibility Section

Springfield, IL 62766

Generally, it is best to consult an attorney about your rights and responsibilities. You could have a legitimate claim against the other party or parties for your damages. Act rationally, do not panic and drive carefully and defensively in the future.

NIU Student Legal Assistance

Don Henderson

Lynn Richards