Getting in a car accident can be harrowing. Understanding the laws and rules of what you should do, and what you must do, is imperative to keep you safe.

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First, place the car in park, if possible. Many times after an accident, people become shaken up, and forget to put their car into park. This can cause the situation to go from bad to disastrous if the car rolls into other, uninvolved traffic, or people.

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Second, call the police -- even if you don't know if you're hurt. The police dispatcher will help you determine if you need medical assistance, and will dispatch a squad car to come assess the accident, talk to witnesses, and to direct traffic. Occasionally, other drivers may request you not to call the authorities -- they may tell you the police will slow things down, or say they'd rather just handle things themselves. Do not listen. You must call the police to the scene for your own safety, as well as protecting yourself from wrongful accusations should the accident result in litigation.

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Third, under Georgia law, after an accident, the driver has a duty to pull their car to a safe place -- if possible. GA Code § 40-6-275 (c) states:

 

"When a motor vehicle traffic accident occurs with no apparent serious personal injury or death, it shall be the duty of the drivers of the motor vehicles involved in such traffic accident, or any other occupant of any such motor vehicle who possesses a valid driver's license, to remove said vehicles from the immediate confines of the roadway into a safe refuge on the shoulder, emergency lane, or median..."

 

However, that does not mean a driver should move their car in all situations. In the event there have been serious injuries, or death, a driver should NOT move their vehicle. The police will need to see the accident as evidence in their report, and moving an injured person, by an untrained individual, can result in further harm. Also, if the vehicles involved in the collision have been damaged to the point where moving them would be difficult, or unsafe, the drivers should leave their cars in the roadway.

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Third, take lots of pictures. If the cars cannot, or should not be moved -- as explained above -- a driver should wait for the police to arrive. At that point, when the officer indicates it's safe to exit the vehicle, drivers should take several pictures. Pictures should be taken, not only of the property damages, but also of the location of the vehicles on the street, the location of the vehicles in relation to each other, nearby street signs and roadway lane paint, and anything else pertinent to understanding the accident. If the cars have already been moved to a safe location, the same pictures of the damages and the roadway should still be taken. The old adage "a picture is worth 1,000 words," is absolutely true when it comes to accident litigation.

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Fourth, exchange insurance information with the other driver, and collect their contact information. This sounds like an obvious step, but many times at-fault drivers will promise to pay cash rather than involving their insurance. Do not fall into that trap. In many cases, such a promise is merely a ruse to get out of a tough situation. Georgia law requires drivers to have valid insurance, and they must present it to you at the scene. It is also important to gather contact information from the other driver, including a current address, and cell phone number. A good practice is to send the other driver a text message, while still at the scene of the accident, to ensure they receive it, and that their number is real and accurate.

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Fifth, call Badger Law Group at (855) 6-BADGER, or log on to BadgerWins.com, we will fight to get you the biggest recovery possible, and will take care of all the heavy lifting in the background, while you focus on recovery.