If you've never been involved in a car accident, you are lucky. You're also probably unsure what to do if that dreaded day comes when you find yourself on the side of the road after an accident. One of the most common questions is whether you are required to call the police after a car accident. The most straightforward answer is no, you are not required by law to call the police after a car accident, although there are obvious circumstances when calling the police will be required, such as a serious accident where someone is injured.
Should You Call The Police?
If you're trying to decide whether to call the police, consider the ways in which a police report or traffic collision report might help you. For example, even if liability is straightforward (or you think it is), it is better to have the scene of the accident diagramed and explained by a uniformed officer than to rely on your memory. Also, even though you think the facts leading up to an accident or crash are beyond dispute, you never know what the other driver or drivers may say once they leave the scene. Unfortunately, many driver who cause accidents lie to their insurance agents because they don't want their insurance rates to rise. A police report will help explain what happened shortly after the accident and before the at-fault driver has the chance to worry about his or her insurance premiums rising.
What If The Police Do Not Arrive?
Sometimes, depending on the time of day, the police or highway patrol may not respond in a timely manner. Unfortunately, this happens during busy times, such as weekend evenings. However, it is still advisable to call the police and formally request that someone come out. A record of your telephone call will be taken, and your injury attorney may be able to get a copy of what was said on the telephone call. If the police or highway patrol never show up, at least you tried, and the copy of the report of you calling the police is likely to work in your favor if things become combative.
How Long Does It Take For Police To Respond?
Depending on where in California your accident happens, police may arrive within a few minutes, to a few hours after the crash. If you are in rural California and are far from a highway patrol vehicle or police station, you may have to wait. Or, if you are in a busy city, but the police are attending to more urgent matters, you may end up waiting too.
What Should I Do When I'm Waiting?
You should make sure you're safely off the roadway and out of harm's way. Do not play detective, but you should take photographs of the vehicles and the surrounding areas. If there are other people watching and you think liability may be an issue, you may want to get the contact information of these people, as they may be witnesses in the future. You should exchange insurance information with the other driver, if you feel it is safe to do so. It is not advisable to engage in lengthy conversation. Unfortunately, you don't know how the other driver will deal with the stress. Get his or her information if you feel safe doing so, and return to your car.
What If The Police Report Is Wrong?
Of the many things police officers and highway patrolman in California do right, writing detailed and accurate car accident reports is not always on the list. In fact, some officers in Orange County and Los Angeles County simply get it wrong - we see their erroneous reports frequently. We give them the benefit of the doubt, but the police report or traffic collision reports they write are sometimes misleading, inconclusive, or simply wrong. An experienced injury attorney will be accustomed to reading a California traffic incident report or a California police report, and will be able to address errors or misleading statements accordingly. And, if you were not at fault, an injury attorney who is good at his trade will be able to prove that you were not at fault. Some plaintiffs who have settled for large amounts of money almost never consulted with an attorney because they were afraid theirs was a lost case due to a faulty police report.
What Happens To A Police Report?
An experienced and successful California car accident attorney will put a police report or traffic collision report to good use. First, the attorney will usually get a copy of the report by submitting a formal request to the appropriate department. Then, his office will use it to argue on your behalf with the insurance company in order clear any disputes over liability. Finally, a good car accident attorney will use the report to show that you were injured and stated the same at the scene of the accident.
The Lions Injury Lawyers, P.C. represent injured plaintiffs throughout the state of California, including clients in Orange County, Los Angeles County, Riverside County, and San Bernardino County. Consultations with The Lions Injury Lawyers, P.C. are conducted by attorneys, not salesmen. You don't know what you don't know when it comes to dealing with a California car crash, and what you don't know can hurt your ability to recover. Call (949) 329-5000, or fill out this form to discuss your case today.