If I'm involved in an auto accident, what should I do?

How to reduce your risk of injury and liability.

Personal Injury FAQs

Is there anything I can have ready just in case I have an accident?

Question: Is there anything I can have ready just in case I have an accident?

Answer: Obviously you can't be prepared physically for an automobile accident that may happen suddenly and without warning. But there are some things you can do to reduce the risk of injury or liability should an auto accident occur.

1. Always wear your seatbelt. Statistics have shown that individuals who wear seatbelts while riding in a vehicle lessen their chances of suffering serious injury or death.

2. Conduct regular safety checks on your vehicle with a licensed mechanic. Airbags, seatbelts, tire pressure, and treads need to be checked on a regular basis to make sure they are working safely.

3. Keep a safety kit in your vehicle at all times just in case you're involved in an automobile accident. 

Items to include in a safety kit:

• fire extinguisher
• a good First-Aid Kit
• a camera to take pictures of the accident and location and damage of the vehicles
• paper and pen for taking down important information
• a small bottle of spray paint to mark the original location of the vehicles if they need to be moved
• a tape measure to measure distances between vehicles, skid marks, etc.

4. Carry a cell phone with you while driving to contact the police if you are involved in an automobile accident.

5. If possible, a small video camera carried in the car would be an excellent way to record an accident scene, statements or admissions of other drivers, etc.

Question: If I am involved in an automobile accident, what should I do first?

Answer: Stop your car as soon as it is safe to do so. Never leave or flee from the scene of an automobile accident, because that may expose you to criminal charges. In some states, the failure to stop and render aid, if involved in an automobile accident, is a felony offense depending on the amount of damages and/or severity of injuries.

• If possible, leave the vehicles in the same position as when the accident occurred, unless it is unsafe to do so. Sometimes accidents happen in the center of busy intersections, and it is unsafe to leave the vehicles blocking the road, especially if there are others in the vehicles, because secondary collisions can occur. You must use your best judgment and common sense here. 

• If your vehicle is in a dangerous area, move it to a safe location as close to the accident scene as possible to await the police. When moving your vehicle, make sure it is understood by the other driver(s) that you are only moving your vehicle and not fleeing the accident scene. 

• Dial 9-1-1 immediately; ask for the City or State Police or Sheriff’s Dispatcher. When the dispatcher comes on the line, tell him (1) that you have been in an auto accident; (2) whether someone has been, or might be, injured; and (3) the location of the accident (be as precise as possible).

Question: What should I do if my vehicle is not movable?

Answer: If your vehicle is not movable, and your vehicle is located in a dangerous area (like an intersection or high-traffic zone), immediately move yourself and your passengers (if they are not injured) to a safe place, as close to the accident scene as possible.

• If moving to a safer location to await the police, make sure it is understood by the other driver(s) that you are not fleeing the accident scene.

Question: What should I do if someone is hurt?

Answer: If you are involved in an auto accident, your first concern should be you and your passengers. Immediately check to see if you or any of your passengers have been injured, no matter how slightly. If you or anyone else in your vehicle has been hurt, dial 9-1-1 immediately.

Once you have checked the condition of yourself and your passengers, turn your attention to the other driver and passengers (if any). If the driver or anyone else in the other vehicle has been hurt, dial 9-1-1 immediately and try to make the injured person as comfortable as possible until medical personnel or police arrive.

If someone is seriously injured, don't try to move him unless it is absolutely necessary to protect the victim from further injury or death (as in the case of a vehicle fire).

Question: If I am involved in an automobile accident, how do I prove it wasn't my fault?

Answer: Collect as much evidence as possible, as soon as possible, to assist your attorney in proving that the accident wasn't your fault. 

• Take pictures of the accident scene and location of the vehicles at both the time of impact and where they both came to rest after the accident occurred. 

• Immediately write down your version of the accident, but keep this written version to yourself for use by your attorney. It is always better to record your immediate thoughts and impressions after an accident happens as opposed to relying on memory about an accident that occurred months or years ago. 

• Make a diagram of the accident with the direction each vehicle was traveling and the estimated speed of each vehicle. Describe the condition of the roadway and if any skid marks were made; measure them if possible.

• Talk to the other driver if possible. Be polite. It is never a good idea to become hostile, act rude, or accuse the other driver of fault at the accident scene. Avoid road rage. 

• If the cause of the accident is obvious (like a rear-end collision) and the other driver admits fault, get him to admit his fault to the police officer once he arrives. Ask the officer to make sure that this admission of liability by the other driver gets put in the police accident report. Ask the officer if he is going to issue the other driver any citation with regard to causation of the accident. 

• Call your attorney as soon as possible (or have a family member call to discuss the accident).

Question: What information do I need from the other car and driver?

Answer: Exchange information with the other driver, including: (1) the other Driver’s Name; (2) Address; (3) Phone Number(s); (4)Driver’s License Number; (5) State of Driver’s License issuance; (6) Expiration Date of Driver’s License (if any); (7) Insurance Carrier; (8) Policy Number and Agent; and (9) the Contact Telephone Number for the Insurance Carrier. 

Get the Make, Model, and Color of any and all other vehicles involved in the accident and their corresponding License Plate Numbers. Coordinate the names of each specific Driver to each specific vehicle if possible.

Question: What about witnesses to the accident?

Answer: Make sure you identify any and all witnesses by name and get their telephone numbers and addresses before they leave. If possible, act quickly in this regard, as witnesses crucial to your defense tend to disappear.

Question: What if I don't have insurance?

Answer: The fact that a person involved in an accident does not have insurance does not affect someone's claim for personal injuries due to another person's negligence. Be completely honest to the police officer, even if it means you get a ticket for "No Insurance." Let your attorney take care of that matter. 

What is most important to a personal injury case is causation: If you are involved in an automobile accident that wasn't your fault, and you suffer personal injuries because of that accident, no matter how slight, you may be entitled to make a personal injury claim for your damages, even though you don't have insurance yourself.

Again, be completely honest with the police officer, even if it means a ticket for "No Insurance." To lie to a police officer about anything will severely damage any civil case due to credibility issues, but could also expose a person to criminal charges. Don't do it!

Question: What if the person who hit me doesn't have insurance?

Answer: Continue to go through the legal process. Call the police and report the accident; follow all steps outlined above. Call your attorney as soon as possible after the accident, when you are physically able, or have a family member contact your attorney so an investigation can be started as soon as possible. Obtain a copy of the police report as soon as possible. Let your attorney advise you with regard to a coverage issue.

Question: What is the best type of insurance coverage for me to have?

Answer: It is recommended that you have full coverage on your vehicle with uninsured motorist / underinsured motorist coverage if possible. Liability insurance only covers damages suffered by others for accidents that were caused by you, do to your liability. 

What if you get hit by an uninsured or underinsured driver? If you have full coverage on your vehicle with uninsured motorist / underinsured motorist coverage, your insurance will cover any excess damage claims that the other driver's insurance (or lack of) fails to cover.

Question: How much can I get to fix my car?

Answer: Normally, within 48 hours of contacting your attorney, a property damage appraiser would be dispatched to view, possibly take pictures of, and make a property damage offer on your vehicle. This offer is most likely based on blue-book value for the make and model of your vehicle, as opposed to what you paid for it.

Question: What if I have an accident in a parking lot?

Answer: Dial 9-1-1 immediately; ask for the City or State Police or Sheriff’s Dispatcher. When the dispatcher comes on the line, tell him (1) that you have been in an auto accident; (2) whether someone has been injured, or appears to have been injured; and (3) the location of the accident (be as precise as possible.) 

Despite the foregoing, in many states police won't respond to an accident in a parking lot that does not involve personal injuries. (Parking lots are normally on private property that is beyond the jurisdiction of the police.) But let the Police Department make that decision: Call them anyway and report the accident! 

Exchange information with the other driver; be sure to get (1) the other driver’s name; (2) address; (3) phone number(s); (4) driver’s license number; (5) state of driver’s license issuance; (6) expiration date of driver’s license (if any); (7) insurance carrier; (8) policy number and agent; and (9) the contact telephone number for the insurance carrier. 

Call your attorney as soon as physically possible (or have a family member call) to discuss the accident.

Question: Which doctor should I see if I am injured, or if a friend or family member is injured?

Answer: If you are injured in an automobile accident, immediately tell the first police officer or other emergency personnel who arrive at the scene. Request medical assistance and transport to the emergency room for assessment. After being examined at the hospital (depending on your condition), you are entitled to see the doctor of your choice for treatment, not the doctor dictated by an insurance company.

Question: If I am involved in an automobile accident, can I see the doctor of my choice?

Answer: Generally, you are entitled to see the doctor of your choice for treatment, not the doctor dictated by an insurance company. Additionally, your attorney may recommend treatment by a specific doctor or clinic. Call your attorney as soon as physically possible (or have a family member call) to discuss the accident.

Question: What should I do if I or a friend or family member is involved in an accident and I get an unsolicited phone call, or someone knocks on my door offering free medical treatment?

Answer: Be extremely suspicious of unsolicited phone calls or of someone who knocks on your door offering free medical treatment. Call your attorney as soon as physically possible (or have a family member call) to discuss the accident. 

Insurance companies have been known to send representatives to an accident victim's house, unsolicited, for the purpose of getting a signed release for as small an amount as possible, sometimes as low as $500. Some insurance companies have sent "clinic vans" with staff members dressed in medical scrubs to "pick up" clients and treat them, supposedly for free, at THEIR clinics while gathering information against them! Call your attorney as soon as physically possible (or have a family member call) to discuss the accident.  

Question: What do I need to do if the police don't show up to investigate the accident after I call them?

Answer: Exchange information with the other driver, including: (1) the other driver’s name; (2) address; (3) phone number(s); (4) driver’s license number; (5) state of driver’s license issuance; (6) expiration date of driver’s license (if any); (7) insurance carrier; (8) policy number and agent; and (9) the contact telephone number for the insurance carrier. 

Make your own diagram and take pictures / video if possible. Collect evidence in your favor as described above. Make an accident report at the police station within 24 hours of the accident, preferably as soon as possible. Explain your version of the accident and identify all parties involved.

Contact the Law Office of R. Bruce Tharpe 24 hours a day

Criminal Defense FAQs

Question: What are the differences between the State and Federal Criminal Systems?

Answer: The difference between the State and Federal Criminal Systems is immense: from courtroom procedure, to courtroom etiquette, to the federal sentencing guidelines, to trial procedures. In nearly twenty years of practice, Attorney R. Bruce Tharpe has represented a large number of criminal defendants in federal court with excellent results! 

Question: What are the Federal Sentencing Guidelines?

Answer: The Federal Sentencing Guidelines is a table that recommends to the Court an appropriate sentence, based upon a base level for each offense (from Alien Smuggling to Illegal Re-Entry to Conspiracy with Intent to Possess Narcotics). After determining the base offense level for the crime charged, the court will also consider a defendant's criminal history in reaching a guideline score. Obviously, the more convictions a person has, the higher his federal guideline score will be.

Question: Can the court consider prior convictions upon which I have served my time already?

Answer: It doesn't seem fair, but under the Federal Sentencing Guidelines a court may consider prior criminal convictions when reaching a decision regarding a sentence, even if the person has already served his time for that offense. In fact, the court may also consider "relevant conduct" in reaching a sentence. Relevant conduct is other conduct (usually bad) for which the Defendant cannot receive criminal-history points.

Question: How do the Federal Sentencing Guidelines apply to my case?

Answer: This answer can only be determined on a case-by-case basis. Contact your attorney as soon as possible to discuss this issue.

Question: What if I want a trial? What does that entail?

Answer: Advise your attorney of this intention early on so he can start preparing your defense accordingly (whether that means a trial or just convincing the prosecutor of a weak case).

An attorney cannot force a client to plead Guilty. An attorney may only provide the best advice he can and allow the client to decide.

Question: What is the evidence against me?

Answer: Your attorney will have an opportunity to meet with the Prosecuting Attorney and review all evidence against you well in advance of any trial. Discuss this issue with your attorney.

Question: What if I just want to plead Guilty?

Answer: If this is your intention, advise your attorney early on so he can prepare accordingly and work out a resolution with the prosecutor.

Question: What if I am already on probation?

Answer: If you are on probation at the time of your subsequent arrest, you most likely will have to face a Motion to Revoke Probation in addition to any new charges, so inform your attorney immediately. Sometimes your attorney will be able to negotiate a continuation of your probation depending on who you retain, and who the Judge is.

Question: What if the police arrested me but didn't advise me of my rights?

Answer: You can be arrested without having your rights read to you. The difference is if the police seek to obtain a statement from you.

If you are arrested for DWI and the police have ample evidence against you without needing a statement (such as the observation and testimony of the arresting officer, a videotape of the arrest, and possibly a Breathalyzer result) you most likely won't be read your rights. The only time you are read your rights is if the police seek to conduct a custodial interrogation and seek your statement.

For example, if you are arrested for Murder and the police seek to take a statement from you pursuant to a custodial interrogation, if you are a suspect you are entitled to have your rights read to you prior to the taking of any statement.

Question: Is there any possibility of me going to jail?

Answer: This is another issue you need to discuss with your attorney and that must be analyzed on a case-by-case basis. Contact your attorney immediately regarding this issue.

Don't get screwed by the insurance companies!

Contact us:

Law Office of R. Bruce Tharpe
801 E. Van Buren St.
Brownsville, TX 78520-7141
Call: 956-546-2400
Fax: 956-546-4362

E-mail:

rbtharpe@aol.com

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