Charlotte, NC asked in Car Accidents for North Carolina

Q: Is it legal for the police the let the other driver leave without getting a statement from both drivers ?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Personal Injury Lawyer
  • Sacramento, CA

A: In most jurisdictions, it is not necessarily illegal for the police to let a driver leave without getting a statement from both drivers involved in an accident. However, it is generally considered good police practice to gather statements from all involved parties to ensure a thorough investigation and to protect the rights of those involved.

The specific requirements may vary depending on the jurisdiction and the severity of the accident. In some cases, such as minor accidents with no injuries or disputes, the police may have discretion on whether to take statements from all drivers.

However, if there are injuries, significant property damage, or any discrepancies in the accounts of the incident, it is more important for the police to gather statements from everyone involved. This helps ensure that all relevant information is collected and that the investigation is as complete and fair as possible.

If you believe that the police have not adequately investigated an accident or failed to gather important information, you may wish to follow up with the police department or consult with a legal professional to discuss your options and protect your rights.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.