Legal Question in Personal Injury in Maine

First responder onto an accident scene

If I am the first and only person at an accident after it happened and did not see it happen, am I legally responsible to stop and assist the accident victims until someone else arrives. Can I get a citation for not staying at the scene?


Asked on 3/10/04, 8:09 pm

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: First responder onto an accident scene

I am not aware of any common law or statutory law that requires a passerby to stop and assist the victems of an accident. In fact, there is a "good samaritan" statute that encourages passers-by to assist by providing immunity from liability due to rescue/first aid efforts. I do not know if your professional status may impose other requirements upon you if you are a healthcare provider, police officer, etc. I also do not know if given the ease with which an accident can be reported by cell phone, if there may be liability for not even reporting an accident as opposed to actually assisting with rescue efforts.

In short, there may be a moral obligation to assist, but no laws requiring the average citizen to assist.

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Answered on 3/11/04, 11:17 am


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