What to Do in a Highway Accident

November 24, 2016, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Another recent report of a man killed on the 401 following a car accident was in the news. Post car accident safety is crucial when a crash happens on the 400 series of highways in Ontario. There is often limited room to move off the active road ways, and nowhere safe to be standing. It is often impossible to reach a point of safety once you exit your car. With cars driving in excess of 100 km/h and driver distraction at an all time high it is very likely that you will be injured or killed if you are standing on the inside shoulder of the highway.

Automotive Fleet magazine has some useful guidelines for what to do after an accident on a highway. Remember that the nature of the accident (serious or minor), your location, road and weather conditions, traffic, and time of day, all will impact how to handle the situation. It is crucial to minimize getting in and out of your car on a busy highway. If you are in an accident on the highway and you are able you should:

1. Turn on your hazards and dome light immediately
2. Call the police immediately if you are in an accident in a high traffic area. They will advise you what to do. Advise them of any injuries.
3. In high traffic/metro areas stay in your car and wait for help. Only exit your car if it’s a rural/low traffic area
4. Leave your headlights on.
5. Try to pull off the road as far as safely possible.
6. Do not attempt to fix your own car at the side of the road.
7. Unless you are on the outside shoulder of the car and can exit the car safely to wait for help well up on the shoulder area of the car you should stay in your car.

The FSCO recommends that:

If you suspect that you may be a victim or target of a scam or fraud, you can help put an end to the scam or fraud by reporting it.

As a first step, report the matter to police. You can also make a report to FSCO’s Fraud Hotline. Go to www.fsco.gov.on.ca/TipNow or call 1-855-5TIP-NOW. Tips to FSCO’s Fraud Hotline can be anonymous. You can also submit an anonymous tip to Crime Stoppers  (1-800-222-TIPS). 

If you want legal advice you can contact me for a free intial consultation.

The CAA also has detailed guidelines of what to do in an accident which are particularly good in low traffic, rural and residential areas where exiting the car is safe:

Please make sure that you and members of your family are aware of these procedures:

1. If the accident is an emergency, call 911 and follow the instructions given to you. Use 911 for emergencies only!
2. If the accident is not an emergency, call the local police for instructions. In Ontario, all personal injury accidents and all accidents resulting in property damage of $1,000 or higher must be reported to the Police. A number of areas have special programs in effect. Metropolitan Toronto, for example, has several Collision Reporting Centres (CRC)* where you must report in person to these centres within 24 hours. (Only if Police were not present at the scene.) Find out what is required in your area, and keep this information handy.
3. If safe to do so, remove vehicles from the roadway.
4. Record details of the accident. How, when and where it happened. Include time, date, location, speed of your vehicle, weather and road conditions. Draw a sketch of the accident scene indicating the position and direction of the vehicles and cross streets.
5. Exchange information with the other involved parties. Name, Driver's Licence number, addresses, phone numbers, insurance and vehicle particulars.
6. If there are any independent witnesses, obtain their name and phone number.
7. If the Police come to the scene, answer questions honestly, but do not make comments about the accident, or admit fault, or ascribe blame to other driver(s). In Ontario, your insurance company will determine fault based on “Fault Determination Rules” regulated by the Provincial Government.
8. If use of the CRC is applicable in your area, take or have your vehicle taken to the CRC most convenient to you. You should attend with your vehicle. Without exception, vehicles that have to be towed must go directly to the CRC from the collision location. If there is not a CRC in your area, contact CAA Insurance to discuss repair arrangements, and to answer any of your questions.
9. Bring your documentation with you to the CRC. Driver's licence, ownership, insurance, details of the accident, other involved parties information.
10. Call CAA Insurance. A representative will review the claim with you, finalize repair arrangements, and answer any of your questions. If you're at the Centre outside normal business hours, contact CAA the next business day. You can safely leave your vehicle at the CRC overnight.
11. CAA Insurance will arrange for pick-up and towing of your vehicle (when necessary) from the CRC to a CAA Approved Auto Repair Services facility or you can request an alternative facility. If you require a rental vehicle, CAA Insurance will make the necessary arrangements. (This procedure applies only if the appropriate policy coverages apply.)

That's all you need to know. CAA will take care of the rest of the details.

*Collision Reporting Centre is a Police and Private facility that assists motorists in reporting motor vehicle collisions to the Police.

Information to Record at the Scene of an Accident

Please record the following information about the other driver involved in the accident.

1. Other Driver's Name
2. Other Driver's Address
3. Other Driver's Telephone Number
4. Other Driver's License Number
5. Other Driver's Insurance Company
6. Other Driver's Policy Number
7. Other Driver's Vehicle Description
8. Witness Information

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.