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Newsletter Section
Three Ways Cell Phones Can HELP If You are in a Traffic Accident
Cell phones are very dangerous to use while driving. However, here are three important uses for them, which I explore in greater detail below, in the event you are involved in a traffic accident:
1. Call for Help
2. Take Photographs
3. Collect Witness Contact Information
It is common knowledge that cell phones and driving do not mix. Studies have shown that cell phone use while driving may be more dangerous than driving while under the influence of alcohol or other drugs.
Sound and obvious advice --- Do NOT use your cell phone when driving!
So, now that we know (as if it wasn’t already clear) that cell phones and driving can be a dangerous combination, let’s look at three ways cell phones can actually help you if you are involved in an auto accident.
1. Call for Help: If you or someone else is injured in a traffic accident, you should use your cell phone to call 911 immediately. If the accident is significant enough and/or in a heavily populated area, a bystander might call 911. Note that the police will not come to the scene of the accident unless someone is injured. The 911 operator should ask if an ambulance is needed on scene. If you say no, sometimes they will not send the police and assume there are no injuries. If there are any injuries, and/or you want the police sent to the scene, make this clear to the 911 operator. Many of our clients have later regretted telling the 911 operator there were no injuries or that they did not need an ambulance. In their cases, the police did not come to the scene and a proper police report was not made. Having the police on scene helps document facts that are important for your case. Without this documentation, the other party has more room to change their story about who was at fault for the accident. I have had cases where the other party was emphatically apologizing and/or admitting fault at the scene of the accident, and then later tried to place blame on my client. My clients frequently tell me that they did not want to make a “big deal” out of the accident or incur the cost of the ambulance, even though they were injured. This can seem reasonable at the time of the accident (especially when in shock), but it can often backfire later if there is any dispute over who is at fault for the accident. To be on the safe side, if you are injured at all, insist the police come to the scene of the accident.
2. Take Photographs: If possible, take a photograph with your cell phone of the other driver’s license plate number. In the unfortunate event that you or the police do not obtain accurate contact information for the other driver, this may be a way to track them down. Also, assuming there is visible damage to your vehicle or the other driver’s, you should take photographs of the damage with your cell phone. It is possible that the vehicle(s) will be towed from the scene and you will not see them again until they are repaired. Or, you may never see them again if they are declared a total loss. Also, a few photographs (or video footage) of the accident scene may be helpful. Google images or pictures taken of the area later may not capture the accurate conditions (traffic, parked cars, road construction, etc.) that are present at the time of the accident. For instance, I have a motorcycle case where a large semi-truck was parked so that it obscured his view of oncoming traffic. This is an important factor in determining liability that would not be visible in any images obtained after the accident.
3. Collect Witness Contact Information: My clients often mistakenly believe that the police officers at the scene will obtain contact information for all witnesses. Unfortunately, this rarely happens. Police offers have a wide-variety of important responsibilities at the accident scene. Among other things, officers have to make sure injuries are stabilized, clear traffic and take measurements of the scene. Often, important eyewitnesses have already left the scene before officers have the opportunity to gather contact information, let alone take statements. This is why it is so important for you to obtain witness information with your cell phone. The simplest way to do this is (even if you cannot physically access your own phone) give the witness your phone number and have them call you. Assuming your phone is on, the caller’s number will come up on your caller ID and you can contact them later when needed. If your phone off, either have them leave a voice mail with their name and number, or have them text you their contact information. This way, you (or your attorney) can reach them later. I can’t tell you how many times clients have told me that helpful witnesses have come up to them after an accident, only to find out the police did not document this person’s information in the police report. Some of these “mystery witnesses” have even confirmed the other person was at fault for the accident, or said “let me know if I can do anything to help”, only to leave the scene without providing contact information to my client or the police. Do your best to get any witness information as soon as possible. You can’t rely on the police to do this.
4. Other Helpful Uses: Of course there are other helpful uses for your cell phone after an accident has occurred. For example contacting loved ones to let them know what has happened. If your injuries are minor and do not require an ambulance, but your vehicle is not drivable, you may need to call a friend, family member or even a cab for a ride home or to the doctor’s office. You may also want to contact your insurance company to report the accident (although this can be done later). Finally, you may wish to contact your personal injury attorney to let her know what has happened and ask for advice on how to proceed, but again, this can certainly wait until you are home safely.
So, although we all know the dangers of using cell phones WHILE DRIVING, there are certainly some great benefits to having these handy little devices with us in the event of an accident.
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