Traffic accident : How to react?
1. Belgian Law
"Any person involved in an accident must take the necessary steps to ensure traffic safety and shall comply with the following measures in particular:
"Drivers of broken-down vehicles must take the necessary steps to ensure traffic safety.
To this end, they shall ensure that the vehicle is placed off the road in the same way as a parked vehicle.
However, when a motor vehicle or a trailer towed by such a vehicle cannot be moved or can only be left where stopping or parking is not permitted, drivers must indicate the presence of the vehicle from a distance using the emergency warning triangle which is mandatory in all vehicles, as well as the first aid kit, the fire extinguisher and the safety vest.
Drivers may also make use of other warning methods, for example by switching on all the vehicle's indicator lights together or by means of a portable orange-yellow flashing light.
Cars or trailers whose lights or indicators are not working must be marked in the same way if the vehicle cannot be seen clearly from a distance of approximately 100 metres."
As a safety precaution if one or more motor vehicles are involved: turn off the ignition, leave your vehicle and leave the road.
Obligations
Any person involved in an accident must:
- provide assistance to any casualties,
- state his/her identity to the other parties,
- take down the necessary details.
Assistance to casualties
When required, assistance must be provided to casualties
- either you have sufficient knowledge yourself (medical or first aid training), in which case you should :
- actively assist casualties,
- ask someone else to contact the emergency services (police, ambulance, etc.) if you are unable to do so yourself;
- or you do not have this knowledge, in which case you must :
- call the emergency services,
- seek help.
Speak clearly when calling the emergency services (police: 101, emergency medical assistance – fire brigade: 100) to ensure you effectively transmit:
- your precise location,
- the nature of the accident,
- the number of casualties and how seriously they are injured (need for resuscitation?)
- whether the injured persons can be easily accessed (are they trapped in the vehicle)?
Example: Highway E411, kilometre point 75.2, Luxembourg-bound carriageway, right-hand lane, multiple pile-up, no fire, 3 cars, no lorries, warning markings in place, 7 adults including 5 with minor injuries, 2 persons in a state of shock, one person bleeding from the lower leg, probable broken tibia, 3 children, one unconscious, pulse regular, nobody trapped inside their vehicle, persons evacuated to the other side of the safety barrier….
Taking down details
All persons aged over fifteen years are required to :
- show their identity card or equivalent documentation :
- to the other persons involved in the accident, on request;
- to any qualified official during enquiries made into the accident;
- remain at the scene of the accident in order to fill out the necessary papers together if no-one is injured or, if agreement cannot be reached or if physical injuries have been sustained, to allow a qualified official to take down the necessary details.
Persons who leave the scene of the accident for a short time in order to :
- provide assistance to casualties or
- contact a qualified official,
are not considered to have violated the obligation to remain at the scene of the accident if, before doing so, they give their name and address to one of the other persons present (if any).
However, if no qualified official can be contacted within a reasonable period of time, the persons involved are required to report the accident within 24 hours at the latest, either to the nearest police station or to the police station of their home or place of residence.
2. In practical terms
What to do in the event of an accident on the public thoroughfares and highways.
Whether you are involved in an accident or you just happened to be there, the first thing to do is to warn other road users of the accident, to avoid making the situation worse.
You must give warning of the accident using the emergency triangle.
"The warning triangle shall be placed before the vehicle or trailer in a broadly vertical position at a minimum distance of 30 metres on ordinary roads and 100 metres on motorways and such that it is visible to oncoming motorists from a distance of 50 metres. In built-up areas, in places where the 30 metre minimum distance cannot be respected, the warning triangle may be placed closer to the vehicle, or even on the vehicle itself."
There are several possible scenarios
- You arrive at the scene of the accident (you were not involved)
- Leave your vehicle where it will not be a hindrance to traffic (to avoid causing another accident) and put on your hazard lights as a warning to other road users.
- Provide assistance to casualties (injuries, shock) as necessary. Call the emergency services (100 service, police).
- If people have been injured, do not move the vehicles. But keep in mind, if for any reason you have to move the vehicle(s) mark their position on the ground (Might be helpful to have a piece of chalk in the vehicle or any other means to draw the four angles of each vehicle)
- If your presence is not necessary, do not remain at the scene and block the traffic. Too many curious onlookers will slow down traffic and create serious tailbacks.
- You were involved in the accident
- If no-one is hurt and the circumstances are undisputed: the vehicles may be moved and the parties involved then complete the European Accident Statement. In this case, there is no need to call the police. If there is a problem of communication because of the languages used, note that the boxes to be completed in the standard accident statement are identical whatever the language of the form.
- If people are injured and the vehicles are not a major obstacle to traffic: call the emergency services and the police. The vehicles should not be moved.
- If people are injured and the vehicles are blocking the traffic, call the emergency services and the police and take the necessary action (warning triangles, markings, a person) to avoid further problems.
In all cases, driversmust wear a fluorescent jacket. It is recommended that other persons take refuge behind the safety barrier.
Remember: always put your safety first.