1. Get Help if Someone is Hurt – Call 911. If you, someone in your car or the occupant of another vehicle is injured, there is no justification for failing to call for emergency medical help. Failing to seek medical care can result in criminal charges, increased civil damages and may unnecessarily exacerbate someone’s medical situation.
2. Notify the Police – In Michigan, you are required to notify law enforcement before you can leave the scene if anyone is injured or there is any significant property damage. It is not sufficient just exchange names, phone numbers and insurance information with the other driver and then leave the scene. Leaving the scene of such an accident will likely result in criminal charges and a presumption that you were at fault.
3. Get Crucial Identification Information – Get contact information from the other driver or drivers. Write down their name, address, car description and phone numbers. If they refuse to give you the information, don’t try to force them or threaten them to get the information. Do not be confrontational. A responding police officer will help you get all this information
4. Identify Potential Witnesses – Get the names and contact information of anyone who saw the accident. If you can, do this quickly. Often, people who saw the collision will stop for a short time, but leave before the police arrive. Other motorists, passengers or pedestrians can be critical witnesses. Do not volunteer the names and addresses of the witnesses until after you see if you are being accused of causing the accident. You have no obligation to provide information against yourself. If you are not at fault and there is some doubt with the officer, the witnesses may play a critical role in your exoneration.
5. Do Not Discuss or Admit Fault – Do not blame the other driver even if they were clearly at fault. It may just start an argument. But, if the other driver admits it was their fault, make a mental note of it. When the officer arrives, you can relay the information at that time. Even if you feel you may have been partially at fault, do not say anything or make any admissions. This does not mean that you should lie, just do not make an admission. “Fault” is often a complex determination based on the facts and complicated laws. High emotions and feelings of guilt may cloud your judgment and a little time may help you get a better feel for the events.
6. Write a Note to Yourself Afterward – After the accident write a note to yourself (and possibly for your attorney, if you later need one). Include all the information you have gathered and can remember while it is fresh in your mind. Explain how the accident happened as best you can. Drawing a sketch or diagram of the collision will be a helpful memory aid later on. It may be months, or even years, before the insurance companies fully resolve any claims. There is a rule of evidence in Michigan called that may allow for the introduction of your memory if it is recorded immediately after the incident.
7. Call Your Insurance Agent – All insurance policies require you to notify your insurance company. This must be done shortly after the accident. Unnecessary delay in telling your insurance company about the crash can result in a denial of your claim. If you are worried about being at fault or the possibility hat you may have any type of criminal culpability, it would be a good idea to consult with an attorney before you make this call.
8. Take Picture if You Can – If you can, and it is safe, take pictures of the vehicles before they are moved. Pictures of the damage and position of the vehicles can be very important. After you get emergency care and are home, remember to take pictures of your injuries – any cuts, bruises or bandages, and any casts or crutches. It is particularly important to take a picture of any seat belt bruise on the front of your shoulders and chest.
9. Fight Any Ticket or Criminal Charge – If you are ticketed or charged with any type of criminal offense (felony, misdemeanor, ordinance violation or even a traffic misdemeanor), do not plead guilty or responsible without working with an experienced, Michigan criminal defense attorney. Even though you may feel you are guilty or responsible for a charge, an experienced attorney will likely be able to get the prosecutor to reduce or dismiss a charge or find another way to mitigate your damages. There is not rational reason to agree to have a charge or conviction place on your record if there is a legitimate way to avoid it by working with a passionate, zealous and tenacious criminal attorney or traffic lawyer.
If you need assistance with a criminal charge or traffic ticket and you would like a free consultation with an experienced criminal lawyer in Michigan, do not hesitate to contact LEWIS & DICKSTEIN, P.L.L.C.
at (248) 263-6800 for a free consultation or simply fill out a Request for Assistance Form
and a top criminal defense attorney will contact you.
Beware that police, judges and prosecutors in Oakland County, Wayne County, Macomb County, Livingston County and Washtenaw County are particularly tough on these cases. When other lawyers may be afraid to stand up and fight for you, we are not afraid to win!