Just as some people behave arrogantly about not ever receiving a traffic ticket, there are those who are equally boastful about never having a traffic accident. Just as I tell those who brag about not getting a traffic ticket, I tell those who brag about not having a traffic accident the same thing, “Just wait. Your turn is coming.” If you drive long enough and frequently enough, you will be involved in a traffic accident – it’s a matter of statistics. It doesn’t matter how skillful a driver you may be, sooner or later the circumstances will be right to involve you in an accident. You may experience a momentary lapse in judgment or you could just be driving along and be struck by someone else. Sometimes, it’s just a matter of being in the wrong place at the wrong time.
When this occurs, you will need some direction on how to proceed. The gamut of emotions one feels when involved in an accident is tremendous. The first instinct is fear as soon as you realize that you are about to crash. Even after the initial impact, it takes a moment or two to get your wits about you to assess what just happened and the severity of the circumstances. Fortunately, a large portion of car accidents are not terribly severe, so let’s consider what you should do assuming any accident you may be in is one of minor severity. It is important to take steps to ensure that unforeseen ramifications don’t arise. The following information can help prevent further complications, but please understand that these suggestions do not necessarily apply to every traffic accident.
The foremost concern when involved in a car accident is whether or not anyone in either vehicle has sustained injuries. Ask everyone involved if they are alright, hopefully in the presence of others so no one can come back later and make a false claim of injuries. Sadly, many people use minor traffic accidents as an opportunity to line their pockets, even if no real injury occurred. Unfortunately, you see a lot more advertisements for personal injury attorneys in South Florida than you do traffic ticket attorneys.
Once you have established whether or not someone has sustained any injuries, contact the police department. It is a major mistake to think that just because it is a minor accident with no injuries that the police don’t need to be involved. A police officer will generate a report which the insurance company will require if you intend to make a claim to have the damages to your vehicle repaired. It is also important to have the police arrive because just like false claims of injury, some people may make the claim that you left the scene of the accident which is a criminal offense.
Additionally, when the police officer arrives, he or she will make an assessment of how the accident occurred. Although he cannot testify in court as to what actually happened as he did not witness the event, his report can substantiate who he believed to have been at fault based upon evidence that he saw when he arrived at the scene. This report not only protects you from being held liable, but it is also used by the insurance companies of both parties to determine which company has to pay out on any claims for damages or injuries.
Another important thing to remember is to move the vehicles from the road, if at all possible, including large pieces of debris. I can’t tell you the number of times that I have seen other close calls because someone from a recent accident left a bumper or other large piece of their car laying in the road. I am not advocating risking life or limb by cleaning up all of the fallout from an accident, but as you are preparing to move your vehicle out of the way, you may want to throw the significant parts of it in the backseat instead of leaving them there to create an obstacle course for other unsuspecting drivers and possibly causing injury to someone else. Of course, when you move your car out of the road way, you don’t want to move too far away and be accused of leaving the scene.
Decades ago, there was a television show called Dragnet in which the primary character states, “All we want are the facts.” The same is true now when dealing with cops at the scene of an accident. Don’t say that the other driver was at fault and certainly never admit to being at fault yourself. The cop can and will write you a traffic ticket for any wrongdoing that you may admit to so you want to avoid implicating yourself, even to a small degree. Simply and clearly state to the officer exactly what occurred in a matter-of-fact tone that does not implicate any complicity on your part. Admitting any level of fault can result in a traffic ticket and the other driver may use it against you later if he or she decides to sue you. Trying to place blame on the other driver only results in the driver being angry and the police officer will question your motive in doing so. It is important also to not to forget to exchange your information with the other driver. Make sure that you share your insurance information so that both insurance companies can determine fault and get any claims underway. Although it is advised that you exchange personal information such as phone numbers and addresses, this is information that will be found on the police report.
Once you leave the accident scene, make sure to call your insurance company as soon as you can to let them know about the accident. Generally, insurance companies start processing claims quickly so the sooner you let your insurance agent know that you have been in an accident, the more expeditiously they can resolve your claim. Keep in mind also that failing to inform your insurance company in a timely fashion could result in them refusing to reimburse you for any financial or medical issues that could arise from the accident. One more thing to keep in mind about reporting to the insurance company; don’t make any statements to the opposing insurance company until you have talked to your own and they have told you that it is okay to do so.
Finally, keep in mind that in Florida, if you are in an accident, you are likely to get a traffic ticket even if you haven’t done anything wrong. Although police officers will write a report as to what they think happened, they usually don’t take sides when it comes to traffic accidents so they are likely to ticket both drivers. This is when you need to call a Florida traffic ticket attorney so he or she can ensure that you are not being accused of wrongdoing. If you find yourself in this position, please call us here at the Traffic Ticket Team at 954-967-9888 for a free consultation.
Jason Diamond, Esq. is the Founding Lawyer Partner of the Traffic Ticket Team. His Attorneys have over 50 years of combined experience and have handled over 1,000,000 Florida traffic tickets. As Traffic Ticket Lawyers we have given traffic ticket legal clinic seminars throughout Florida. To find Attorney locations, click HERE. Our traffic tickets are defended in Miami-Dade, Broward & Palm Beach counties and we also fight traffic tickets statewide.