Do You Have to Stop if You Witness an Accident?

By Administrator | | Car Accident

car wreck - The Jackson Law Firm

Imagine you’re sitting at an intersection, waiting for the light to turn green. Suddenly, another vehicle speeds past you and collides with another driver. You’ve just witnessed a traffic accident—but are you legally required to stop? Do you have a duty to assist the victims or call law enforcement?

In Virginia, only drivers directly involved in an accident are legally required to remain at the scene. Witnesses, on the other hand, are not obligated to stay. However, many people feel a moral responsibility to stop and offer help. If you witness a crash, here’s what you need to know about your legal rights and the best steps to take.

The Good Samaritan Law in Virginia

Even if you want to help after witnessing a crash, you might hesitate for several reasons. You may worry that you aren’t medically trained or fear that assisting could make things worse. This is where Virginia’s Good Samaritan Law comes into play.

Under this law, anyone who voluntarily provides aid in an emergency is protected from legal liability if their assistance unintentionally causes further harm. For example, if you move an injured person to a safer location and inadvertently worsen their injuries, you cannot be sued—so long as you acted in good faith.

However, there are exceptions to this protection. The Good Samaritan Law does not apply if:

  • You were responsible for causing the accident.
  • You acted with gross negligence while providing assistance.
  • You were compensated for your help (such as a law enforcement officer or medical professional on duty).

What to Do If You Witness an Accident

If you choose to stop and assist at the scene of a crash, here are some important steps to follow:

  1. Prioritize Safety – Only stop if it’s safe to do so. If the accident has created a hazardous situation (such as debris in the road or a fire), remain extremely cautious and wait for emergency responders to arrive.
  2. Call for Emergency Help – The most valuable thing you can do is call 911. Emergency personnel can provide medical assistance, control traffic, and document the accident. Even if others have already called, making another report ensures help is on the way.
  3. Provide Limited Assistance – If it’s safe, you may cautiously approach the vehicles to check on the occupants. However, do not move injured victims unless absolutely necessary—for example, if there is a fire or an immediate danger to their life.
  4. Observe & Take Notes – As a witness, your observations are critical. Take note of:
    • The time and location of the accident.
    • The weather and road conditions.
    • The actions of the drivers before the crash (e.g., speeding, running a red light).
    • Any other relevant details, such as vehicle descriptions.
  5. Stick to the Facts – If you provide a statement to law enforcement, keep it factual and objective. Avoid speculating about who was at fault—simply report what you saw.

Our Virginia Personal Injury Lawyers Can Help

If you’ve been falsely accused of liability after witnessing an accident, or if you were in a crash and need help locating witnesses, The Jackson Law Group, PLLC is here to assist. Contact us today at (276) 200-5417 or reach out online to schedule a consultation.