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What Happens After the Police Arrive at the Scene of a San Jose Drunk Driving Accident?

— May 13, 2022

There are laws in California that require all parties involved in the accident to remain at the scene.

San Jose, CA – Law enforcement in San Jose and other cities in California receives training related to traffic incidents and detecting drunk drivers. When there is an accident, they may have suspicions about the potential cause of the collision, which can possibly involve a person who consumed drugs or alcohol before driving. The person responsible for the crash can also face civil lawsuits at a later time.

Attorneys near me are available to provide additional advice about accidents caused by drunk drivers and related issues. 

Remaining at the accident scene

There are laws in California that require all parties involved in the accident to remain at the scene. Anyone who leaves the scene can be charged with a crime. If any driver involved has already left before the police arrive, the others at the scene should tell the police when they arrive and give a description of the vehicle. In some cases, it is possible that the driver left because they do not want to be charged with a crime or they may lack auto insurance.

The accident investigation

The main job of the police is to collect information about things like the potential cause of the accident, road conditions, the people involved, and record other forms of basic information such as the time and place of the incident. This is all placed in the accident report, which can become an important piece of evidence if there are lawsuits or other disputes related to the crash. California DUI accident lawyers sometimes use accident reports to prove negligence.  

Drunk driving investigations

Police in Connecticut administer the one leg stand test to a driver after a crash. Photo by Versageek, courtesy of Wikimedia Commons. CC BY-SA 3.0

If any of the officers notice that a driver appears to be impaired by drugs or alcohol, they will start an additional investigation. This normally includes observations of the driver’s appearance, performance of physical exercises to test sobriety, and a chemical test for the presence of drugs or alcohol. Based on the results of this DUI investigation, the officers may make an arrest and the person can be charged with crimes depending on what the police found.  

Injury lawsuits brought by victims

Evidence such as the information in the accident report and things found during the drunk driving investigation may also be relevant to a civil case. California accident lawyers work with victims to get them compensation for their losses such as healthcare costs, time away from work, and pain and suffering. They may be financially responsible even if they were never convicted in criminal court.

Advice from an attorney in California is a site that contains listings of accident lawyers throughout the country. Anyone who needs to meet with a legal professional can contact them to get connected. Their phone number is 800-672-3103

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