What must I do if I am involved in an accident as a driver?
It depends on which of three situations you are in:
1. On a public road. If you know that the motor vehicle you are operating is involved in a collision with persons or property on a public road, the law requires you to:
a. Stop and remain at the scene.
b. Provide information.
i. Give your name and address, your vehicle’s license tag number, and the name and address of your vehicle’s owner to any injured person, to the operator, occupant, owner, or attendant of any damaged motor vehicle, or to any police officer at the scene.
ii. Show your driver’s license, upon request, to any person injured in the accident, to the owner or operator of the damaged vehicle, or to any police officer at the scene.
c. If an injured person is unable to comprehend and record your information, you must immediately notify the nearest police authority of the accident location, your name and address, and your vehicle license tag number. You must then remain at the scene until a police officer arrives, unless you are taken away by an emergency vehicle.
d. If you have collided with an unoccupied motor vehicle, you must firmly attach to it in a conspicuous place your name and address, your vehicle’s license tag number, and the name and address of your vehicle’s owner.
2. Not on a public road. If you know that the motor vehicle you are operating is involved in a collision causing injury or damage to persons or property not on a public road, the law requires you to:
a. Stop—but not necessarily remain—at the scene.
b. Show your driver’s license and give your name and address, your vehicle’s license tag number, and the name and address of your vehicle’s owner to anyone who requests it.
c. If the owner or person in charge of any damaged property is not furnished the information mentioned in item 2.b. above, you must forward it to the local police within 24 hours, along with the date, time and location of the accident.
d. If you have collided with an unoccupied motor vehicle, you must firmly attach to it in a conspicuous place your name and address, your vehicle’s license tag number, and the name and address of your vehicle’s owner.
3. Damage to property on or adjacent to a public road. If the motor vehicle you are operating is involved in an accident causing damage to real property or personal property that is attached to real property, and that property is legally on or adjacent to a public road, the law requires you to:
a. Stop—but not necessarily remain—at the scene.
b. Provide information.
i. Take reasonable steps to locate and notify the owner or person in charge of the property about the accident, providing your name and address, and the vehicle’s license tag number, even if you are not asked for this information.
ii. Show your driver’s license to the owner or person in charge of the property, if you are asked for it and it is available.
c. If you cannot locate the owner or person in charge of any damaged property after a reasonable search, you must, within 24 hours, give the local police your name, address, and vehicle license tag number, along with the accident location and a description of damage as you know it.
d. You are not required to attach any information to the damaged property.
4. All accident situations.
a. Although the law may not always require you to contact the police following a collision, it may be wise to do so, because on-the-scene police can help establish the facts of the accident (important if there is a dispute about who is responsible) and safely route traffic around the accident site.
b. Although in certain situations the law may not require you to give insurance information, show your driver’s license, give the vehicle owner’s name and address, remain at the scene, or attach a note to damaged property, these are probably the right things to do.
c. The law no longer requires you to file a crash report with the Bureau of Motor Vehicles (BMV). But either party may do so within six months of the accident on BMV Form 3303, alleging that a driver or owner of a vehicle in the accident was not insured. This could lead to the BMV suspending the uninsured driver’s or owner’s license. The form is available from insurance companies and at: http://bmv.ohio.gov/pdf_forms/bmv3303.pdf .
d. A police officer at the scene who is enforcing traffic laws must ask to see your proof of insurance. If the officer gives you a traffic ticket and you do not show proof of insurance to him or her, you may later be able to show it to the court or the BMV. Failure to show proof of insurance may result in a license suspension.
e. You must cooperate with your insurance company or risk losing coverage. No one can force you to make a statement or admit fault at the accident scene. Your testimony may later be compelled in court, but even then, you generally have the right to remain silent about any incriminating matters. You have a right to talk to an attorney before making any statement.
What should I do if I am involved in an accident?
Here are some helpful tips:
1. Attend to the injured. Phone for medical aid immediately. Offer to help any injured persons, but do not move them in a way that would aggravate an injury. You may only be held liable for causing further injury if your actions are found to be willful or wanton misconduct.
2. Moving vehicles. Consider not moving your motor vehicle until the police arrive, unless it is creating a traffic hazard.
3. Record contact information. Obtain the name, address, phone number, license tag number, and insurance information of every person involved, and get contact information for every witness.
4. Take notes. Record the position of vehicles before, during, and after the accident. Note and measure skid marks, point of contact, structures, road markings, damage, traffic control devices, rights of way, speed, road conditions, and weather. Take photos.
5. Assist police. Be helpful to any investigating officer, but beware of making self-incriminating statements.
6. Insurance. Report the accident to your insurance company as soon as possible.
7. Legal advice. If you are required to appear in court on a traffic charge, you should get the advice of an attorney. Do not make payments to other persons or settle a claim without legal advice. An attorney can explain your legal rights and obligations.
What should I do if I witness an accident?
Pay attention and be helpful in the following ways:
1. Attend to the injured. Phone for medical aid immediately. Offer to help any injured persons, but do not move them in a way that would aggravate an injury. You may only be held liable for causing further injury if your actions are found to be willful or wanton misconduct.
2. Record contact information. Obtain the name, address, phone number, license tag number, and insurance information of every person involved, and get contact information for every witness.
3. Take notes. Record the position of vehicles before, during, and after the accident. Note skid marks, point of contact, structures, road markings, damage, traffic control devices, rights of way, speed, road conditions, and weather. Take photos.
4. Assist police. Be helpful to any investigating officer.
5. Give contact information. Give your name and contact information to the police and the parties involved in the accident.
© 8/7/2009 Ohio State Bar Association
LawFacts Pamphlet Series
Ohio State Bar Association
PO Box 16562
Columbus, OH 43216-6562
(800) 282-6556 or (614) 487-2050
www.ohiobar.org
Funding from the Ohio State Bar Foundation
This is one of a series of LawFacts public information pamphlets. Others may be obtained through your attorney’s office, by writing the Ohio State Bar Association or through www.ohiobar.org.
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The information contained in this pamphlet is general and should not be applied to specific legal problems without first consulting your own attorney.