Witnessing a Hit and Run Accident
Michael Babboni
Car Accidents
Finding yourself as the witness of a hit and run accident can be a very scary and overwhelming experience. There may even be significant damage and even injury because of the accident. With that being said, it is important that you understand what your responsibilities are as the witness of this kind of event and what you need to do following the accident.As a witness, you ultimately play a significant role, because you can provide objective information that is needed to help frame the sequence of events. The information you provide will prove to be valuable to law enforcement officials, the victims involved in the accident, and even the insurance company if any insurance claims are filed.
What You Need to Know
After witnessing a hit and run, you first need to assess the situation. If you see any injuries, then immediately call 911 and report the accident. You also need to ensure your own safety before approaching the vehicles involved in the case of combustibles or other dangers following the collision.
Don't attempt to assist anyone or move anyone either. It is always best to wait for paramedics to arrive, so the situation isn't made any worse. When the police get on the scene, you will be asked to provide them with a witness statement.
When writing your statement, make sure to include as many specific details as possible. You will also need to include other information like your name and contact details, the time and place of the accident, and the license plate of the vehicle that fled if you were able to see it.
Additionally, include the description of the vehicle, a description of the driver if possible, as well as a detailed description of the events you saw take place.
Hit and Run to an Unattended Car
If you witnessed a hit and run of an unattended car and you can't locate the driver, you can leave a note for them with your contact details and your description of what happened. Make sure to leave the note in a very visible location, so the owner of the vehicle will find it like under the windshield wipers.
Do I Have to Get Involved?
Legally speaking, you do not have to get involved if you witness a hit and run accident. There are no state laws in place that impose any legal duty on the bystanders of an accident. They don't require you to stay on the scene and provide a witness statement.
However, any information you can provide the people involved will prove to be beneficial in identifying the driver responsible for the accident. With that information, they can attempt to find the driver so they can face the legal consequences of a hit and run accident.
It is also important to note that if the victim, the police, an insurance company, or an attorney hear that you were present at the scene and that you may have information that can help with the case, you may be subpoenaed. A subpoena is a legal order that requires that you appear in court or another proceeding about the hit and run accident you witnessed.
It is not a request that you be there; it is an order which makes it mandatory. Ignoring a subpoena like this may result in a contempt of court charge or other legal sanctions that you will want to do what you can to avoid.