A road accident happens fast and is a traumatic experience. It may leave you shaken, injured and unable to think clearly. For those reasons, it’s a good idea to review what to do if you’re in a road accident now. Then, if you’re ever involved in a crash, it will be easier to respond correctly.
After an accident, you’re legally required to take certain steps. Other steps are recommended for safety reasons or to protect your legal rights.
Pull over immediately
First, if you’re involved in a car crash and your vehicle is still drivable, pull over safely and stop your car at the scene.
Don’t make the mistake of assuming it’s okay not to stop after an accident that isn’t serious. Failing to pull over counts as a “hit and run” and is a criminal offence, even if nobody is killed or seriously injured in the accident.
Once you’ve pulled over, put on your hazard lights to alert other drivers. It’s also a good idea to position an emergency triangle about 45 metres from the accident site to warn oncoming traffic.
Call emergency services
Immediately after pulling over, assess the situation and call emergency services. Give your name, number, location and details of the accident, including the number of people injured, if any.
It’s a good idea to record these emergency numbers on your cell phone:
- 10177 if an ambulance is required
- 10111 if police response is required
- on a cell phone, 112 for any emergency.
Calling 112 from a cell phone will put you through to a call centre, starting with an automated menu. The centre categorises emergency calls and routes them to appropriate responders.
Assist the injured
If you’re injured, it’s best to stay where you are and wait for medical assistance. If you aren’t injured, check on the other people involved, in case they need assistance.
Generally, it’s not a good idea to move an injured person. If you must move someone – for example, if there’s a fire or a danger of being hit by oncoming vehicles – support any injuries the person has and, if possible, ask other uninjured bystanders to assist you.
If anyone involved in the accident has a wound that’s bleeding excessively, use a clean cloth and apply pressure to the wound. Give other first aid, such as CPR, if it’s necessary and you’re trained to do so.
Failure to assist the injured can lead to being held liable in the event that someone injured dies.
Call the police, if required
By law, you must call the police to the scene of a crash if anyone has been seriously injured or killed. You should also call the police if you suspect any of the drivers involved in the accident are under the influence of alcohol or drugs.
If the damage was minor and nobody was injured, it’s reasonable to forgo calling the police. In this case, you must make sure you get the necessary information from the other drivers involved so you can report the accident later.
Assess the damage
Check the scene to determine the extent of damage caused by the accident. Take note of damage to vehicles as well as the surroundings.
If possible, take pictures of the damage. It’s strongly advised that you do this because photographic evidence is important support for any subsequent insurance or personal injury claim.
Get details of other drivers and witnesses
Ask others involved in the accident, as well as any witnesses, for their details. Also record the registration and licence numbers of other vehicles involved in the accident.
Avoid consuming intoxicating substances
After an accident, don’t drink any alcohol or take any medication with a narcotic effect before reporting the accident, unless you’re instructed to do so by qualified medical personnel.
Being under the influence of a narcotic drug could influence how you report the crash and affect your credibility. It could also be difficult to prove that you weren’t under the influence while driving.
Provide your identity information
After a road accident, it’s legally required that you provide your information to anyone who has reasonable grounds to request it. This includes other drivers involved in the crash and law enforcement officers. If a police officer is present, you’ll be required to show your license if you were driving.
Report the car accident
You’re legally required to submit a car accident report to the police within 24 hours if someone was seriously injured or killed. If there was no injury or death, you can wait until the next working day to report the crash. You need to go to a police station to do this.
If you fail to report a car accident when required, you may be issued with an Infringement Notice in terms of Administrative Adjudication of Road Traffic Offences Act (AARTO) or a Written Notice to Appear in Court (J 534).
If you can’t report a crash within a day due to injuries, you’re required to report the accident as soon as you reasonably can. Your medical record will be required to prove that you were unable to report the accident within the stipulated time frame.
Claiming damages for a road accident
Under South African law, you can’t sue another person for compensation for damages for injuries sustained in a road accident. However, if you’re seriously injured in a road accident that was not solely your fault, you can claim compensation from the Road Accident Fund (RAF).
An attorney who specialises in RAF claims can determine if you have a claim, guide you through the claims process, assist you in gathering evidence and medical opinions to support the claim and represent you in legal proceedings.