If you have your driver’s license for long enough, the odds are high that you will eventually be involved in a collision. Sometimes, a minor crash happens at the most inconvenient time. When that is the case, are you required to wait for the police to show up, or can you simply exchange information with the other driver? Attorney Paul Reed offers legal and practical guidance regarding the exchange of information after a crash on his latest episode of Lawyer Podcast.

There Is No Such Thing as a Car Accident

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Most of us are accustomed to using the term “car accident” when referring to a motor vehicle collision. The truth, however, is that there is no such thing as a car accident, according to attorney Reed. A more appropriate term is car crash or motor vehicle collision. In a true accident, no one is at fault and there is no apparent cause. A child wetting the bed at night is an accident. A driver crashing into a vehicle because they were texting while driving is not an accident. Likewise, a collision that occurs because a driver ran a red light, failed to signal a lane change, or was speeding because they were late to work is not an accident.

When Are You Legally Required to Contact Law Enforcement after a Crash?

You have likely been taught to contact the police if you are involved in a crash. While that is certainly good advice, it can take law enforcement a considerable amount of time to respond to the scene of a collision when no injuries were reported. Understandably, you may find yourself wondering if there is an alternative to sitting around waiting for a police officer to show up. First, however, it is imperative to understand your legal obligations following a crash. Florida law requires you to notify law enforcement of a motor vehicle collision and remain on the scene for the following types of crashes:

  • A crash with injury.
  • A crash with a fatality.
  • A hit-and-run crash.
  • A DUI crash.
  • A crash which requires a wrecker to remove the vehicle.
  • A crash with a commercial motor vehicle.
  • A crash where apparent damage is at least $500.00.

How Do I Protect Myself If We Just Exchange Information?

If the crash in which you were involved does not fit into any of the mandatory notification categories, you may be eligible to “self-report” the collision using a “Driver Report of Traffic Crash” or “Driver Exchange of Information.” The report should be submitted to the Florida Highway Safety and Motor Vehicles (FLHSMV) and may be completed online or mailed to the FLHSMV.

If you elect not to wait for law enforcement to arrive at the scene (or if you called and were told they cannot make it to the scene), make sure that you take the following steps to protect your rights and preserve any claims you might have against the other driver:

  1. Take a picture of their driver’s license or write down all the information.
  2. Take a photo of the vehicle’s license plate.
  3. Take pictures or video of all the damage to the vehicles.
  4. Copy down the other driver’s insurance information or take a photo of their insurance card.
  5. Take a photo of the other driver.
  6. Take photos or video of any road conditions, signage, foliage, or other factors that may have contributed to the crash.
  7. Write down names and contact information for any witnesses.
  8. If the other driver was at fault, ask them to write out a statement taking full responsibility for the collision and have them sign it.

If you have questions or concerns about a crash in which you were involved, contact the experienced car crash attorneys at Reed & Reed.