Am I Required to Provide Aid After a Car Accident?

 Posted on October 10, 2017 in Personal Injury

A car accident is a distressing experience for drivers and their passengers as well as any pedestrians who are involved and even for witnesses and bystanders. Whether a collision is a minor bump or a major fender bender, injuries often occur. Additionally, people are often unsure about whether they should offer medical assistance or wait for an ambulance or other medical professional. In these situations, drivers, passengers, and anyone else at the scene of the accident should understand their rights and their responsibilities toward people who are injured. 

The Duty to Provide Assistance 

Under Wisconsin law, the operator of a vehicle that is involved in a car accident is required to provide “reasonable assistance” to anyone who was injured in the accident. This assistance can include calling emergency services or, if requested, providing transportation to a doctor or hospital for medical treatment.

Failure to provide assistance to someone injured in a car accident is a felony and is punishable by up to nine months in prison and a maximum fine of $10,000. Also, if the person injured suffered great bodily harm, it is a Class E felony, which can be punished by up to 15 years in prison and a maximum fine of $50,000. Moreover, if someone died as a result of the accident, it is a Class D felony, which is punishable by up to 25 years in prison and a maximum fine of $100,000.

Bystanders Who Render Aid 

When a bystander or witness to an accident provides aid to people who have been injured, he or she is protected by Wisconsin statute 895.48(1), which is known as the Good Samaritan statute. This law states that anyone who provides emergency care to someone in good faith is immune from civil liability for the actions they took or any omissions they made when rendering care.

In a 2006 decision, the Wisconsin Supreme Court further clarified this law by defining emergency care as the initial evaluation and immediate assistance and treatment provided at the scene of an emergency until the care of an injured person can be transferred to professional medical personnel.

Contact a Milwaukee, WI, Car Accident Attorney 

If you or a family member have been injured in a car accident or if you were involved in an accident in which someone else was injured, you should contact an attorney to ensure the protection of your rights.

The attorneys at Gimbel, Reilly, Guerin & Brown, LLP will investigate your accident, determine liability for any injuries, and help you seek the compensation you deserve. Contact a Milwaukee personal injury lawyer today at 414-271-1440.

Sources:

https://www.dmv.org/wi-wisconsin/accident-guide/

https://docs.legis.wisconsin.gov/statutes/statutes/346/XI/66

https://docs.legis.wisconsin.gov/statutes/statutes/895/II/48/1

http://www.wisbar.org/NewsPublications/WisconsinLawyer/Pages/Article.aspx?Volume=80&Issue=7&ArticleID=1395