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What should you do if you get into an auto accident?
If you’re involved in any accident:
1.
Stop immediately.
By law, you can’t leave the scene of an accident without
identifying yourself and rendering assistance. If the
accident involves injury, death or property damage of
$1,000 or more to any one person’s property (or $200 for
government property other than vehicle), you must notify
police immediately.
2.
Help the injured.
Make careful note of the location and call the nearest
police agency. Ask for a doctor or ambulance if needed.
3.
Act promptly, but carefully.
Don’t move an injured person unnecessarily. Unskilled
handling can turn minor injuries into serious ones. Keep
the person warm until skilled help arrives. If there is
severe bleeding, try to stop it with direct pressure.
4.
Warn passing traffic.
Have someone alert approaching traffic to prevent
further damage. Protect the victims from oncoming
traffic. Keep a flashlight and flares in your vehicle
for emergency use.
5.
Exchange information.
If you were driving, you must give your name, address,
vehicle registration number, and if asked, show your
driver’s license to any other driver involved in the
accident. If you damage an unattended vehicle or other
property along the highway, notify the owner or leave
your name and address.
6.
Record information.
If police are not called to the scene of an accident,
you’ll need to complete the “Driver’s Report of
Accident” form. Every driver involved in such an
accident must file this form within 10 days if the
accident resulted in the injury or death of any person,
or if it appears to result in $1,000 or more in property
damage to any one person’s property. If the property
belongs to the government, except government vehicles,
the report must be filed if the damage appears to be
$200 or more. To complete the “Driver’s Report of
Accident,” you’ll need to note the:
·
location of the accident;
·
time and date of the accident;
·
nature and
extent
of
damage and injuries;
·
name, address, driver’s license, and vehicle
registration numbers of any other drivers involved;
·
automobile insurance companies of all vehicle owners and
drivers involved;
·
names and addresses of witnesses, including passengers;
·
locations of cars and pedestrians involved and their
directions of movement, both before and after collision;
·
condition of roadway, type of weather at the time of the
accident, and any other pertinent information.
Don’t admit fault at this point. The excitement of the
moment may cloud your judgment and perceptions.
Should you contest an accident-related traffic citation?
Ultimately, the decision is yours. Some questions to
consider are: What are your chances of success if you do
contest it? How much will it cost you? Will you lose
your driving privileges? A lawyer can help you assess
your situation.
If you decide to contest the citation, you’re entitled
to a trial. If the case is to be resolved in municipal
court, a judge will decide the matter. If the case is to
be resolved in circuit court, a judge also will resolve
it, unless you immediately request a jury and pay the
required fee.
If you decide that you don’t want to contest the
citation, and if someone else’s person or property was
injured as a result of the accident, you should plead
“no contest” rather than “guilty.”
A no contest plea, unlike a guilty plea, can’t be
used against you later in a lawsuit.
What if you’re involved in an accident and you don’t
have insurance?
If someone was hurt or killed or damage to another
person’s property exceeded $1,000 and the accident
report shows you may be at fault, the Wisconsin
Department of Transportation may contact you.
You will receive notice that your operating privileges
and all vehicle registrations will be suspended for one
year unless you:
·
file proof to show you were adequately covered by motor
vehicle liability insurance at the time of the accident;
or
·
deposit a specified amount of money with the Department
of Transportation as security to satisfy any possible
judgments that result from the accident; or
·
submit evidence that you’ve settled claims with anyone
who was hurt or whose property was damaged in the
accident.
You can request a hearing if you believe you can show
that there’s no reasonable possibility that a claim
could be made against you as a result of the accident.
If your driver's license is suspended for this reason,
to get your driver's license back, you will need to file
an SR-22 insurance certificate (or deposit $60,000) with
the Department of Transportation, and keep it on file
with the department for three years. Obtaining SR-22
insurance is usually expensive. Therefore, it is prudent
to consult with an attorney and obtain his or her
assistance in avoiding this type of license suspension
if possible.
Why should you consult an attorney before settling a
damage claim?
A lawyer can help you assess whether the offer made by
the other party is fair. The fairness depends on the
type and seriousness of your injuries, how much you were
at fault, and what would happen if the case went to
trial.
Another reason you may want to consult a lawyer is to
have him or her look over the papers you'll be asked to
sign upon settlement. The lawyer can assure you that you
aren't signing away any important rights.
If you’re hurt in an accident, should you consult an
attorney, and when?
Almost always, and as soon after the accident as you
can. Your first meeting with a lawyer gives you a chance
to ask about the law, the procedures, and the fees. It
gives the lawyer a chance to tell you what he or she can
do for you. Most lawyers don't charge for the initial
conference in a personal injury case. But if you're
concerned about cost, be sure to ask whether the first
meeting is free before you set an appointment. After the
first meeting, you'll be able to make an informed
decision on whether to hire a lawyer.
This
is one in a series of consumer information pamphlets
sponsored by the State Bar of Wisconsin. This pamphlet,
which is based on Wisconsin law, is issued to inform and
not to advise. No person should ever apply or
interpret any law without the aid of a trained expert
who knows the facts, because the facts may change the
application of the law. 2/09. © State Bar of Wisconsin
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