Does the police officer have to talk to both people involved in a car accident?
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Does the police officer have to talk to both people involved in a car accident?
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I was in a car accident and I never got to talk to the police officer to explain what happened and all I was able to do was just give him my license and registration and the next time I even saw him I received a ticket.
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Dave
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The officer does not have to talk to everybody, and you do not have to talk to the police officer. Its part of your fifth amendment rights and its in the miranda rights " You have the right to remain silent". However if you refuse to tell your side of the story the case will probably not go favorably, if the officer neglected to speak to a party and liability or traffic violations are challenged in a court then the case may get thrown out due to the lack of thouruogh evidence collection.
Of course if the officer witnessed the accident and there is another party to corraberate his account of the incident (e.g. passer-by, you, or the other driver) he does not need to speak to everybody. |
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julez
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Generally they will talk to everyone involved in the accident as well as people who witnessed the accident. |
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jedinicholasc
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they have to talk to all of the people in the accident, including passers-by |
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luddy420
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I don't believe they actually have too, but they should.
But if you believe you were given a ticket, and you had no wrong doing, then take it to court, and challenge it. |
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kenbgray
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Yes, he has to talk to both parties involved. He has to make a report and he needs your name, so how else would he get it if he dosen't talk to you. You also need his name and badge # for your ins. co. |
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friedach
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Justice suggests he should gather all the necessary facts before issuing any citation. I suggest that if he did not do so, then you should plead your case before the magistrate, and make your complaint known. To do that, you may have to plead 'not guilty' just to get a say in the outcome. You could also lodge a formal complaint, and ask for an explanation. At the very least, it's poor technique, at the worst, it's injustice. |
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logicalgal
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The Police office attending the scene of any crash, must interview all persons involved as well as witnesses.
That way, there is evidence of what actually happened in case there is a court case, or further investigation is necessary. The Insurance carrier will also review this information to determine any settlements. |
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sherbear6505
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yes you both have to talk the police officer |
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castledknight
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yes |
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Alex X
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well if you were obviously at fault then they wouldn't even have to if they didn't want to. |
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James B
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depends on the situation, some times the law states very clearly if someone does something in a specific way they are automatically at fault. no questions asked |
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JC
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It depends on what state. in California, no, they prefer to. |
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Eye of Sauron
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He doesnt have to do anything. |
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Arthas
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yes of course but if he saw you then no need to that |
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Caring girl.
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No they don't have to. |
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proud mommy of 2
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yup hes supposed to talk to both people involved and determine whos at fault also maybe talk to witnesses. you should get a copy of the police report from the police station and maybe talk to his supervisor.. |
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UCANTCME
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Sometimes they dont but generally they will talk to both parties as a rule of thumb if for nothing else then just to make sure that you are okay...... |
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