Aiding Car Accident Victims: Good Samaritan Laws in Wyoming
Sometimes other drivers witness a car accident as it is occurring. These witnesses can be invaluable to the car accident victim as they are able to provide an unbiased third party account of the events leading up to and after the collision, including the likely cause of the collision. Witness testimony can make the difference between a no-fault claim and a claim settled in favor of the plaintiff. What happens if one of the drivers or passengers is injured, and a witness renders aid? Can that good samaritan be held liable if the treatment they render is incorrect? Can a witness be held liable for failing to help in an emergency situation?
Wyoming Good Samaritans
The Wyoming Good Samaritan Law states that good samaritans, including doctors who render aid in an emergency and are not compensated for their care, cannot be held liable for “civil damages for acts or omissions in good faith.” Wyoming Stat. Ann. §1-1-120 (2019). Even if you are afraid of police involvement due to prior a criminal occurrence or your legal status, you should not hesitate to call for emergency assistance after an accident because you will not be penalized.
For example, if you and other underage teenagers are partying or drinking and one partygoer passes out or is suffering from alcohol poisoning, call 911. You will not be held liable or criminally punished for imbibing or consuming drugs even if you are underage, but you need to get help for the person experiencing a medical emergency. The same logic applies to car accidents. Call 911 or get help immediately if you witness a car accident and the drivers, passengers or pedestrians are injured. Doctors and unpaid emergency technicians or volunteer paramedics are also immune from civil liability when rendering emergency medical treatment unless their conduct amounts to gross negligence or willful or wanton misconduct, a higher threshold than simple negligence.
How to Help After an Accident
If you witnessed a collision, call 911 or your local police department immediately. If it is safe to do so, pull your car over and attempt to approach the vehicle. Ask drivers and passengers if they are ok. If it is safe for them and they are not suffering from broken limbs, it is better to move the vehicle(s) out of traffic lanes. Sometimes failure to move the car into the shoulder or away from traffic lanes can cause another accident if an unsuspecting driver rear-ends an immobile car. Pedestrians on roadways have also been injured or killed remaining in their vehicles if the car is still stationary in a moving traffic lane.
Take photos of the damage to the vehicles, get all parties contact and insurance information, and wait with the victims if possible. If a vehicle is inverted, upside down or leaking fluids, it may be unsafe to approach the vehicle or to move the victim. Stay nearby and wait for emergency medical personnel or the police to arrive. If the victim is unresponsive and you know how to perform CPR, you can do so until paramedics arrive. Understand that you cannot be held liable for medical treatment or assistance you render in the event of an emergency.
Contact Our Rocky Mountain Personal Injury Attorneys
If you witnessed an accident and were contacted by the victim to make a statement with our attorneys at Rocky Mountain Personal Injury Center, please contact us as soon as possible. Your testimony is invaluable. If you witness an accident in the future and think you may be able to help, do not hesitate to provide emergency care, contact the authorities and stay with the victim. Good Samaritans are not punished, and jumping into action when someone needs you can mean the difference between life and death.
