Being involved in an accident can be incredibly unsettling and traumatic, even if you aren’t injured. When your life flashes before your eyes, it can be hard to think clearly. However, it’s crucial to take the necessary steps, regardless of whether the accident is minor or serious, to safeguard your legal rights. Many drivers wonder whether they need to call the police after an accident. It’s important to understand that there are certain circumstances in which you are legally required to contact the police. Please continue reading to learn when you need to call the police after an accident in New York and how our experienced New York City Car Accident Lawyer can help you fight for the justice you deserve.
When Do I Have to Call the Police After an Accident?
In New York, drivers are legally required to call the police after a car accident if it results in injury, death, or extensive property damage. If you fail to report a car accident when you are legally obligated to do so, you will face significant legal ramifications. New York courts are tough when it comes to motorists who fail to report an accident to police immediately. For instance, if you fail to report an accident that only results in property damage, you risk being convicted of a misdemeanor. Additionally, if you fail to report an injury-causing accident, you may be punished with a felony if a death results.
Why Should I Contact the Police Regardless of the Damage?
Although you may not be required to call the police, it’s generally a good idea to do so. When the police arrive at the scene, they will investigate the circumstances of the collision and create a police report. This report will include the facts of the accident, providing details regarding the different parties’ versions of what happened and the officer’s assessment of the accident. A police report can help shed light on who is liable for the crash.
When you are involved in an accident, you will need to prove that the other party was solely at fault. New York is a pure comparative negligence state. Under this legal doctrine, an injured party can recover compensation even if they are slightly at fault for the accident. However, the amount they can recover is reduced based on their percentage of fault. A police report is a valuable piece of evidence that can help prove you were not negligent in the matter.
Furthermore, while it may appear as though no one is hurt, some injuries are not immediately apparent and have delayed symptoms. This is often due to the adrenaline that is coursing through your body, which can temporarily mask your pain and discomfort. If your injuries worsen over time and you wish to take legal action against the responsible party, the fact that you did not call the police to report the accident could hurt your claim.
As you can see, it’s important to contact the police after an accident regardless of the damage as it can help protect your rights to compensation. At the Law Offices of Brian J. Elbaum, we are prepared to help you fight for the funds you deserve and need to get your life back on track. Connect with our dedicated legal team today to discuss your case.
