Who's smarter...Doctor or the Lawyer

A doctor and a lawyer in two cars collided on a country road. The lawyer, seeing that the doctor was a little shaken up, helped him from the car and offered him a drink from his hip flask.
The doctor accepted and handed the flask back to the lawyer, who closed it and put it away.

"Aren't you going to have a drink yourself?" asked the doctor.

"Sure, after the police leave," replied the lawyer.