FAQs

What should I do at the scene of a motor vehicle accident?

Most people know it is necessary to exchange full names, addresses, and telephone numbers. Some people do not know they are required by law to exchange the name and policy number of their insurance company. They may refuse to provide their information if they believe they are not at fault in causing the accident.

Always notify the police or if the collision occurred in a town or city. If you are in the country notify the local sheriff’s office. Insist that an officer be dispatched to the scene to investigate the collision. This is especially true when someone is injury; a party does not want to provide necessary information or is abusive. Do not forget to write down the license tag number of the other vehicle or vehicles involved. If the other vehicle is a truck with trailer write down the tag on the trailer.

If you have a telephone with a camera take as many photographs as you can of the other vehicles, the other people involved without being intrusive or impolite. But the old saying “one picture is worth a thousand words” is especially true in these cases.

If there are witnesses and this includes passengers in any of the vehicles, who are willing to identify themselves, write down their full name, address and telephone number. Their statements are important.

If the police investigate the accident, the name of the insurance company of all person involved in the collision will be reflected in the police report. If this information has been refused to you at the scene, you may request the police officer to obtain the information and pass it to you or be sure that it appears on the police report.

The statute in Texas that provides for exchanging information is Sec. 550.023 of the Texas Transportation Code. It creates a duty on the part of an operator of a vehicle to provide certain information as follows:

The operator of a vehicle involved in an accident resulting in the injury or death of a person or damage to a vehicle that is driven or attended by a person shall: (1) give the operator's name and address, the registration number of the vehicle the operator was driving, and the name of the operator's motor vehicle liability insurer to any person injured or the operator or occupant of or person attending a vehicle involved in the collision.

If a driver refuses to provide this information at the scene, this is a good reason to request the immediate assistance of the police to come to the scene. In Dallas for instance the police do not like to investigate a collision where they believe there is no personal injury involved or the damage is to vehicles only, but if they are advised a person is refusing to identify themselves or provide the name of their insurance carrier, or someone is injured or the property damage appears to be greater than $1,000.00 they can usually be persuaded to come to the scene to assist in investigating the collision.

A police report often will report who caused the collision and will avoid later conflicting statements about who was in the right and who was wrong.

Now for some of the more difficult situations that may occur.

Some people do not give their correct name or current address even though required to do so by the above statute. They may fail to provide a correct telephone number or may not have proof of automobile liability insurance available to them. There are many reasons why these things may occur, not the least of which is plain lying and trying to get out of their responsibilities. While dishonesty is not yet the norm, these things occur far too frequently.

A person’s driver’s license may not reflect a current address because the person has moved since it was issued or last renewed. It will, however, most often give the person's full name, date of birth and the number of the driver’s license, if the person is not using a false driver’s license or one belonging to someone else. All of this information should be recorded if possible.

In the event the other operator of a vehicle involved in the accident may not give his correct name, current address or telephone number, try to get as much other information as you can, such as his date of birth, place of employment and work telephone number. Do not overlook the number on any driver's license that is presented. The correct spelling of the person’s full name, date of birth, and vehicle license tag will usually help to locate the person, even if they have changed.

Most people willingly exchange this information with you and if requested politely will volunteer a lot of useful information. Record it all and check out as much as you can at the scene. For example if the person give you a home telephone number or a work number and you have a cell phone dial the numbers immediately to verify the information. If there is any discrepancy, you can pretend you took the number down incorrectly and ask them to give them to you again.

There are many reasons why misinformation is given not the least of which is plain lying; but by far the most common reason is that the address of the person taken from the drives license exhibited at the scene is simply not current.

If you have the full name and date of birth, along with a valid tag number exhibited on a vehicle, it is usually possible to trace a person to their current address or place of employment using services readily available over the Internet, like "PublicData.doc," "County Tax Rolls" or "Registered Voter Lists."

A telephone number may be given inaccurately or taken down inaccurately. The name of an insurance company may not be known for one reason or another, especially if the person does not have the "proof of insurance" card our law requires an operator to have in the vehicle at all time.

Where you are given information at the scene, try to politely and in a non-aggressive manner verify its accuracy in some other way. For example, before asking to see the other person's driver’s license to determine if they have one to record the number and other information reflected there, just politely ask the person if you may know their name and where they live? Write down what you are told, and then ask to see their driver’s license and willingly offer your own information and driver’s license for them to see. This maneuver will enable you to verify the information you have been given or not. In the latter case you may again politely request an explanation which will also give you a good excuse to ask for a place of employment name and telephone number or may be a cell phone where the person can be reached.

If the person lets you see a driver’s license, it will then be a simple matter to determine if the address matches the one on the driver's license. If they do not, write down the address which appears on the license and then ask the person which one is the current address. If you get a look at the person's driver’s license, write down the number of the license, the full name and date of birth that appear there. Also take a good look at the photograph on the license to see if it is the same person.

If the other driver, for whatever reason refuses to provide information or let you see a driver’s license, this is a good reason to telephone the police and request their assistance at the scene and tell them why it is necessary to come immediately. Just state in a calm but business like tone of voice that the other driver is refusing to identify himself, produce a valid driver’s license or proof of insurance. This will usually get you a police officer and if the accident is investigated this information will be reported on the police report.

It is vital to obtain as much accurate information at the scene as the other driver and persons at the scene are willing to provide. If you can, obtain a telephone number for a place of employment. It always helps, if you show you are willing to exchange such information with the other operator. Many times you can obtain a useful business card just for the asking.

Do not overlook recording the year, make, model and license tag number on all vehicles involved. These items will help you later on, if there is no police investigation or report.

If there is anyone who claims to be a witness to the accident collision or stops to help, try to get their full name, home and business and telephone numbers. Ask for a business card. Many people carry them and are less hesitant to provide their business information than their home information.

If you are asked if you are hurt when you do not think so and there are no obvious wounds or bleeding, it is best to simply answer, "I seem okay now, but I am not sure what I will feel like tomorrow after that impact." If you are asked if you require and ambulance under the same circumstances, and you do not think you are sufficiently injured to go to the hospital from the scene, it is best to simply answer, "I seem okay and probably do not need an ambulance to take me to a hospital. I will seek out medical care on my own if something develops."

But, if you feel you are injured, whether you see wounds or blood, get checked out at an emergency facility whether you go by ambulance or private vehicle. Better to be safe than sorry.

Gerald W. Livingston

The Livingston Law Firm, P.C.

6440 N. Central Expressway
Suite 405, LB-10
Dallas, TX 75206

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