After a car accident, many drivers feel reluctant to get the police involved. They might have heard advice cautioning them to never speak to police without an attorney present. This widespread belief can create hesitation when it comes to contacting law enforcement after a collision. However, these individuals may be surprised to learn that most attorneys actually recommend filing a police report after an accident. Here’s why.

 A Legal Duty

In certain situations, filing a police report isn’t just a recommendation—it’s a legal obligation. For instance, in Georgia, drivers must call for law enforcement if any of the following conditions apply:

• Damage from the crash exceeds $500.
• Anyone was injured.
• Anyone was killed.

When any of these criteria are met, drivers have a legal duty to call for emergency services and file a police report. Failure to comply with this requirement can result in severe penalties, including fines and potential criminal charges. This legal duty ensures that the incident is officially recorded and that all necessary steps are taken to address any immediate issues arising from the accident.

Creating an Impartial Record

Most attorneys advocate for filing a police report regardless of the accident’s severity, and the rationale behind this advice is straightforward. A police report creates an impartial record of the accident. It serves as an official document that verifies the incident occurred and that the details provided by the involved parties are accurate.

In some cases, at-fault drivers may try to dissuade others from involving the police. They might argue that handling the situation privately is quicker or less complicated. However, without a police report, verifying the other driver’s responsibility for the accident becomes challenging. This lack of official documentation can turn an insurance claim into a contentious he-said-she-said scenario, with no definitive proof to support either party’s version of events. In a comparative negligence state like Georgia, this ambiguity could lead to a higher degree of fault being assigned to you, potentially reducing your settlement.

Gathering Crucial Evidence

A police report is more than just a formality; it’s a critical piece of evidence in any subsequent legal or insurance claims process. The report includes detailed notes from the responding officer, a summary of the damages, and a record of any witness statements. These elements are invaluable in establishing the facts of the case. Combined with photographs taken at the scene, a police report can provide the comprehensive evidence needed to support your claim and help secure the settlement you deserve.

Seeking Legal Assistance

If you have been involved in a serious car accident, it is crucial to take the right steps to protect your interests. At The Mabrey Firm, we are here to support you through this challenging time. Our experienced Atlanta auto injury attorneys are ready to evaluate your case and provide the legal guidance you need. For a consultation, please send us an email or call (404) 841-4991. Let us help you navigate the aftermath of your accident and work towards a fair resolution.