Decades of Experience,
 Proven Results

What to Do at the Scene of a Massachusetts Car Accident

By Robert C. Shea, Managing Partner, Shea Culgin Law, Brockton, Massachusetts

The decisions you make in the half hour after a crash echo for months. Clients who handle the scene well sail through claims; those who don’t spend a fortune fixing avoidable problems. Here’s the sequence I give every client before they ever need it.

The Short Answer

Safety first, then evidence: check for injuries, call 911, photograph everything, get witness contacts, exchange info without admitting fault, seek treatment, and file the crash report within five days. Each step protects the claim you’ll file later.

1. Make It Safe and Get Help

Move to the shoulder if you can. Call 911 even for “minor” crashes — a police report documents the basics and an ambulance creates the first medical record. Don’t refuse care to “be tough”; see the section below on why that hurts you.

2. Photograph Before Anything Moves

Shoot the vehicles, the damage, the intersection, the skid marks, the weather, and your visible injuries. Photos timestamp the scene before it changes. A Brockton client’s intersection photo — showing the other driver ran a red — ended a fault dispute in one phone call.

3. Get Witness Names and Numbers

Independent witnesses crush the “he said/she said” game. Ask anyone who stopped; get a cell number, not just a name. Witnesses disappear fast, and their account often decides fault.

4. Exchange Information, Not Blame

Swap license, registration, and insurance details. Say nothing about fault — not “I’m sorry,” not “my fault.” Those words become exhibit A for the insurer. Stick to facts.

A Real Example: The Deleted Footage

A client argued with the other driver at the scene and admitted “I didn’t see you.” The insurer recorded it from a bystander’s video. We overcame it with the police report and photos, but the admission added a fight. Keep your mouth on facts; let the evidence assign fault.

5. Seek Treatment the Same Day

Adrenaline hides injury. A same-day exam creates the causation link the insurer will later challenge. Even if you feel okay, get checked — and tell the provider it follows the crash.

6. File the Crash Report

Under G.L. c. 90, § 26, file RMV Form 114 within five days for any injury or damage over $1,000. The police report alone may not satisfy the duty.

What Happens When You Call Shea Culgin Law

Call from the scene if you can — we’ll talk you through it and take over the insurer contact the moment you’re safe. Call 508-510-5107.

The One Thing People Regret Most

In two decades, the scene mistake clients regret most is not getting witness information. The crash is chaotic, emotions run high, and by the time the fault dispute arises weeks later, the bystander who saw it is gone. A name and cell number collected in those first minutes often decides the case. If you can do only one thing beyond calling 911, get the witnesses. Everything else can be reconstructed; an absent witness usually can’t.

When to Call a Lawyer From the Scene

You don’t have to wait until the claim is contested. If there are injuries, disputes about fault, or a commercial vehicle involved, call from the scene. We’ll talk you through the steps, make sure evidence is preserved, and take over insurer contact the moment you’re safe. The early call costs nothing and prevents the avoidable errors that otherwise surface months later as denied claims.

Frequently Asked Questions

Should I call the police for a minor crash?

Yes. A police report documents the facts and an ambulance creates the first medical record — both protect your later claim.

What should I never say at the scene?

Don’t admit fault or apologize for the crash. Stick to facts; ‘I’m sorry’ becomes evidence against you.

Why photograph the scene?

Photos timestamp vehicle damage, road conditions, and injuries before anything changes, and can resolve fault disputes instantly.

Do I have to report the crash to the state?

If there’s injury or damage over $1,000, you must file RMV Form 114 within five days under G.L. c. 90, § 26.

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By Robert C. Shea, Managing Partner, Shea Culgin Law. The first 30 minutes shape the whole case. A Brockton attorney's step-by-step guide to the crash scene. Free consult: 508-510-5107.

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