IF YOU ARE INVOLVED IN AN ACCIDENT

The immediacy and shock of an automobile accident may cause feelings of panic and anger in your initial dazed and confused condition. But you must control yourself, without acting rashly, and begin to reasonably and rationally assess the situation.

You must stop if you are involved in an accident. In Alberta, the penalties for "hit-and-run" driving are severe. You may be jailed for up to five years, or be found guilty of an offence punishable on summary conviction.

Canadian law also requires that you "offer assistance" to any injured persons. Do not move anyone who is badly injured, unless there is danger for greater injury by leaving them alone. If needed, call for an ambulance.

If possible, do not move the vehicles until a record of the accident has been made. Protect the scene, and help reroute traffic around the accident. Try to warn approaching motorists with flares, hazard lights, raising the hood of your car, etc.

Call the police to have them come out to the accident scene to take a report. They are much more likely to be interested in filing a report on the accident if there were: (1) any laws broken; (2) any drugs or alcohol involved; (3) injury to any of the persons; or (4) substantial property damage incurred. If the police will not come out to the scene of the accident to file a report, you should go to the police station to file a counter report as soon as possible. This is especially important to help you preserve your rights if you are making an uninsured motorist claim against the insurance company.

Try to make sure that all drivers, passengers, pedestrians and witnesses remain at the scene of the accident. If they insist on leaving, write down their names, addresses, phone numbers, license plate numbers, etc. -- and an account of what they saw. Take down the name of the police officer and his badge number.

Both drivers must identify themselves to each other. Copy down information contained on the other driver's license, vehicle registration and insurance card. Likewise, identify all passengers and witnesses. You will need their names, addresses and phone numbers.

Make a diagram of the accident, showing the positions of the cars before, during and after impact. Measure skid marks, note the positions of traffic lights and street signs, estimate the respective driving speeds, and record details about the weather and road conditions. If possible, have photographs taken of the accident scene and of any damage or injury as close after the time of the accident as possible.

VERY IMPORTANT: Do not admit to any fault for the accident. Do not volunteer information or comment on the accident. Do not sign any pieces of paper nor agree to pay for damages. You should, however, cooperate with police officers investigating the case. You must sign traffic tickets -- but this in itself is not an admission of guilt or wrongdoing. You must take an alcohol test if required, or risk being charged with refusal to take a Breathalyzer. Advise the officer of basic facts, without adding personal comments or interpretations. Keep calm.

As soon after the accident as possible, it would be a good idea to be checked out by a doctor. Even if there are no initial signs of pain, there might have been damage done to the neck or spinal cord.

You will need to contact your insurance company, usually within 24 hours, to file a claim. You may want to talk to a personal injury lawyer at Bayda Ludwar Law Firm at (403) 670-0055 at this time to clarify your rights and discuss questions of liability for the accident.

If you do have any questions about the automobile accident, you may contact the law office of Bayda Ludwar Law Firm at (403) 670-0055 for a free consultation. They will advise you on how to best proceed with your claim, and caution you in areas which may affect your rights. Moreover, Bayda Ludwar Law Firm can be a very strong and effective force in dealing with whichever insurance company is liable for your settlement claim.