What you need to know if you are involved in a road accident

A car accident is defined as a traffic accident if it occurs on a road or in a place to which the public have access. This can include footpaths and bridleways. In Scotland, a public road is one that a local authority has a duty to maintain.

Who is responsible for a car accident?

It may appear obvious that someone caused the accident and there will be no dispute about liability. However, there will be cases where it is not obvious, or where the extent of liability is difficult to work out. Normally for example, it is the driver of a vehicle that runs into the back of another vehicle will be held liable for the accident. However, there may be circumstances when this does not apply.

What must a driver involved in a traffic accident do?

A driver involved in a car accident should stop whether or not the accident was their fault if:
  • Anyone, other than themselves, has sustained an injury from the road traffic accident
  • Another vehicle, or  other property is damaged 
  • A street lamp or other item of street furniture has been damaged
If you stop, you must remain near the car long enough for anyone who is involved directly or indirectly in the accident to ask for details that would include your name and address, car registration number etc.
 
The driver would also have to report the accident at a police station, in person, if the driver has not given their details at the scene of the accident. This would have to be done in the first 24 hours.
 
If any personal injury is caused to another person, the driver must also produce a valid insurance certificate if asked to do so by a police officer, injured person, or anyone else directly or indirectly involved in the accident. 
 
In all accidents, drivers should inform their own insurance company.

Was a driver driving illegally?

Examples of driving illegally include driving:
  • Unsupervised on a provisional licence
  • Without a driving licence, tax or insurance
  • While disqualified 
  • A stolen vehicle or unsafe
  • Without an MOT
  • Intoxicated
A driver who is driving illegally is not in a strong position to take legal action against anyone else.
 
If you are involved in a car accident where a driver was driving illegally you should consult an experienced adviser such as a Find a Solicitors’ legal team on a solicitor immediately.

Witnesses

It is important to obtain evidence from independent witnesses about what happened at an accident. 
Witnesses should write down their evidence and keep their original notes, as it may be some time before any claims are settled or court proceedings are heard. 
 
Whatever witnesses may say, the people involved in the accident should make their own written accounts of what happened, including making sketches and taking photographs as soon as possible and keeping their original notes.

The Law and Road Accidents