Road Accidents
Discussion
Hi All,
I had a thought the other day when a colleague was telling me his story of how he was almost involved in a car accident and how the crashed cars in front of him blocked the whole road.
My question is, what should you do if you witness such an accident? Apart from call the police / ambulance.
Should you try to move the cars from the road to let the other traffic move?
I would like to know what you can, can't, should and shouldn't do in this event.
Deester...
I had a thought the other day when a colleague was telling me his story of how he was almost involved in a car accident and how the crashed cars in front of him blocked the whole road.
My question is, what should you do if you witness such an accident? Apart from call the police / ambulance.
Should you try to move the cars from the road to let the other traffic move?
I would like to know what you can, can't, should and shouldn't do in this event.
Deester...
If there is damage to property other than the two cars, irrespective of personal injury, then you have to report it. If no personal injury, then you do not need to report to police, but do report to Insurance - you might agree to paying for lite body damage out of your own pocket to protect NCB, but what happens if the other party then sues for whiplash or somesuch .......
As for moving the cars, IIRC you should move them to clear the road, after taking a note of final positions. This is where a camera in yer glove box can come in very handy. You do not have to wait for the police (though if you have called plod, then the cars are likely to be so mangled as to need towing anyway.
As for moving the cars, IIRC you should move them to clear the road, after taking a note of final positions. This is where a camera in yer glove box can come in very handy. You do not have to wait for the police (though if you have called plod, then the cars are likely to be so mangled as to need towing anyway.
It very much depends on the circumstances of the accident and where it is. I would suggest that in high impact accidents, then it would be virtually impossible to remove vehicles without towing. On motorways if the damaged vehicles are driveable, then get them away onto the hard shoulder If it is safe to do so. The biggest danger on dual carriageways and motorways is that of someone else running into the accident and causing more of a problem.
If no one is injured and there are no allegations from either party and there is minor damage, then note the postions ( Draw a sketch of the positions and pace out the distances, the camera is a good idea but used in conjunction with a sketch plan of the accident ) Only do this if it is safe to do so.
If there is any risk of anyone being further injured in the process of the vehicles being removed, then don't do it. The best thing you can do is have some high visibility clothing in the car ( such as a bright yellow or orange tabbard and a torch for use at night).
Go back some distance away from the vehicles position (150 to 200 meters) and warn other motorists approaching that there is an obstruction (DO NOT STAND IN THE MIDDLE OF THE ROAD WHILST DOING IT)
If some one is injured (even badly) and they are further at risk by being in the accident vicinity, move them to where it is safer. If there is entrapment, then scene management as above is the best policy if there is someone to administer the casualties with first aid.
Police will attend the scene of accidents where allegations of driving offences are made by either or both of the drivers, even if no injury is caused. You will probably be advised to exchange details at the scene by the call taker on initial information to Police if no one is injured. If you insist that there are offences to be investigated then they will send officers to the scene ( I can smell alcohol on the other driver, usually brings a response fairly quickly as performance is measured on the number of arrests for drink drive as well as crime )
Over all, the management of a road accident is something that needs common sense at the time regarding all the circumstances. The maxim in all of this is phone the emergency services.
1)keep yourself safe
2)keep others involved in the accident safe
3)Keep others from becoming involved by warning them at the earliset opportunity.
4)GET AS MANY WITNESSES AS YOU CAN IMMEDIATELY
5) Preserve the scene for evidence of offences (if it is safe to do so).
It is not absolutely essential to have the vehicles unmoved after the accident has occurred. Evidence of what has happened can be gleaned from the position and severity of damage caused to the vehicles, skid marks or other marks on the road surface and most importantly from those that witnessed the incident. Even if they think their contribution is insignificant.
Dont let witnesses disappear without getting their details. You will find that as soon as the emergency services arrive, or the initial drama is over and in hand if the emergency services are not attending or have not arrived, witnesses will slip away into the ether.
If no one is injured and there are no allegations from either party and there is minor damage, then note the postions ( Draw a sketch of the positions and pace out the distances, the camera is a good idea but used in conjunction with a sketch plan of the accident ) Only do this if it is safe to do so.
If there is any risk of anyone being further injured in the process of the vehicles being removed, then don't do it. The best thing you can do is have some high visibility clothing in the car ( such as a bright yellow or orange tabbard and a torch for use at night).
Go back some distance away from the vehicles position (150 to 200 meters) and warn other motorists approaching that there is an obstruction (DO NOT STAND IN THE MIDDLE OF THE ROAD WHILST DOING IT)
If some one is injured (even badly) and they are further at risk by being in the accident vicinity, move them to where it is safer. If there is entrapment, then scene management as above is the best policy if there is someone to administer the casualties with first aid.
Police will attend the scene of accidents where allegations of driving offences are made by either or both of the drivers, even if no injury is caused. You will probably be advised to exchange details at the scene by the call taker on initial information to Police if no one is injured. If you insist that there are offences to be investigated then they will send officers to the scene ( I can smell alcohol on the other driver, usually brings a response fairly quickly as performance is measured on the number of arrests for drink drive as well as crime )
Over all, the management of a road accident is something that needs common sense at the time regarding all the circumstances. The maxim in all of this is phone the emergency services.
1)keep yourself safe
2)keep others involved in the accident safe
3)Keep others from becoming involved by warning them at the earliset opportunity.
4)GET AS MANY WITNESSES AS YOU CAN IMMEDIATELY
5) Preserve the scene for evidence of offences (if it is safe to do so).
It is not absolutely essential to have the vehicles unmoved after the accident has occurred. Evidence of what has happened can be gleaned from the position and severity of damage caused to the vehicles, skid marks or other marks on the road surface and most importantly from those that witnessed the incident. Even if they think their contribution is insignificant.
Dont let witnesses disappear without getting their details. You will find that as soon as the emergency services arrive, or the initial drama is over and in hand if the emergency services are not attending or have not arrived, witnesses will slip away into the ether.
Here's a situation:
Accident on a small country road. Driver One has two witnesses. Driver Two has no witness of their own, as it were. Another car shows up a few minutes later, who knows Driver Two. What are the implications vis-a-vis insurance if Driver Two names the 'late arrival' as a witness?
Accident on a small country road. Driver One has two witnesses. Driver Two has no witness of their own, as it were. Another car shows up a few minutes later, who knows Driver Two. What are the implications vis-a-vis insurance if Driver Two names the 'late arrival' as a witness?
Lawrence655 said: Here's a situation:
Accident on a small country road. Driver One has two witnesses. Driver Two has no witness of their own, as it were. Another car shows up a few minutes later, who knows Driver Two. What are the implications vis-a-vis insurance if Driver Two names the 'late arrival' as a witness?
Did the late arrival witnesses actually see any pre accident driving of the two vehicles involved ( not the perception of other vehilces they saw prior to the accident and may have associated with the one involved in the accident). If that is the case then any evidence they might have to offer will be negligable and probably bear no significance whatsoever to the actual colision.
Being a competant witness means being able to recall what was seen or heard at the time an incident occurred. Being able to say what they think happened is unacceptable in law.
Only an expert witness can give evidence of opinion. Was the late arrival witness an expert in accident reconstruction or driving situations? I would think that hardly likely (although never say never!)
Back to the original point. Would witnesses of driver 1 be able to say that witnesses of driver 2 arrived minutes after the event? If that is the case, the only evidence the late arrivals would be able to give would be the positions they saw the vehicles (even if they had been moved they could only say where they actually saw them), the damage on the two cars and the behaviour of the drivers involved.
I hope that allays your fears
Lawrence655 said: Here's a situation:
Accident on a small country road. Driver One has two witnesses. Driver Two has no witness of their own, as it were. Another car shows up a few minutes later, who knows Driver Two. What are the implications vis-a-vis insurance if Driver Two names the 'late arrival' as a witness?
Its illegal - he didn't see the accident, so he's not a witness ..........
mondeoman said:
Lawrence655 said: Here's a situation:
Accident on a small country road. Driver One has two witnesses. Driver Two has no witness of their own, as it were. Another car shows up a few minutes later, who knows Driver Two. What are the implications vis-a-vis insurance if Driver Two names the 'late arrival' as a witness?
Its illegal - he didn't see the accident, so he's not a witness ..........
Not strictly true, Mondeoman.
If he/she arrived and heard one of the drivers talking to another about what had happened, he/she could then become a material witness as to what he/she heard.
This would not be inadmissable because the evidence was what was said by the defendant (whoever that may be). He/she can still give evidence about the damage and postions of the vehicles. The fact they were there gives them the status of witness. What relevant evidence they can give is another matter.
M@H said: I suppose the main issue would be the impartiality of the statement as this person already knows Driver 2...
Matt.
This is a problem with any witness that has a connection with a subject in an incident. It does not stop them becoming a witness though. Statements will be taken and given the same value as other statements from independant witnesses. When the evidence is completely gathered, a decision on who is being truthful is often apparent from what everybody involved saw and experienced.
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