I Witnessed a Car Accident. Do I Have Any Legal Responsibilities?

LAW BLOG  •

April 26, 2016

Witnessing a serious car accident can be traumatic. In the aftermath, people may wonder whether they have legal obligations and how best they can help those involved in the accident. Some witnesses may want to help, but be concerned that their attempts could make them legally liable for a person’s injuries. The good news is that unless they caused the accident, witnesses who have attempted to help in good faith cannot be prosecuted for subsequent harm. The following overview provides basic information on how to proceed if you have witnessed a car accident.

Texas Good Samaritan Law

Like many states, Texas has a Good Samaritan law designed to protect well-meaning individuals from liability. In an emergency circumstance such as a car accident, a person who tries to provide medical assistance cannot be held responsible for anything that happens as a result of their attempts. The Good Samaritan Law applies in all cases, except for when an individual is the cause of the injury, behaves recklessly, or asks for compensation for assistance.

What to Do After Witnessing a Car Accident

Although witnesses are not legally obligated to remain at the scene of the accident, many people choose to do so. Providing a witness account can be very helpful in determining the cause of an accident. If you have witnessed a car accident and remain at the scene, the following steps can help you stay safe and provide the best assistance.

  • Prioritize your own safety. The most important consideration after witnessing a car accident is your health and safety. Many people feel upset and disoriented after witnessing a major crash.
    Do not make any sudden moves if you feel unsteady. If you are behind the wheel, pull over to a safe area and allow yourself a moment to calm down. Additionally, the accident may have caused dangerous circumstances, such as fire and broken glass. Be very cautious until you can be sure that the scene is safe. If you have any question about safety, wait for emergency personnel to arrive.
  • Call 911. Immediately notifying emergency services is one of the most helpful things a witness can do. The more quickly first-responders arrive, the better the chances of recovery will be for anyone injured in the accident. Remember, if you did not cause the accident and you act with good intentions, you cannot be held responsible for any damage in the aftermath. Calling 911 to report the accident will not make you legally accountable.
  • Assist those involved in the accident. If it is safe to approach the damaged vehicle and you feel comfortable doing so, try to make the injured parties as comfortable as possible until help arrives. Let them know that an ambulance is on the way, and provide verbal reassurance. Do not attempt to move anyone, as this can exacerbate injuries.
  • Make note of the circumstances. If you identify yourself as a witness, your account of the accident may prove to be important for insurance and other legal outcomes. Try to record as many details of the accident as you can. Note the precise time and location, the make, model, and color of all vehicles involved, and the order of events.
    If possible, write down what you observe immediately, as the stress of the event may make it challenging to recall details at a later time. If you have witnessed a hit-and-run, it is especially important to record all the details of the vehicle that left the scene. Do not attempt to follow the vehicle, however, as this could put you in danger.

If you have witnessed a car accident and have questions about your legal rights or obligations, the experienced Houston personal injury attorneys at Gordon, Elias, and Seely LLP can help. Contact us today for a free consultation.

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