Should I Call the Police After a Car Accident in Wichita?

Make sure you know and protect your legal rights

The answer is a strong YES.  One of the most important things you should do after a car accident in Wichita or Kansas is to call 911 and wait for the police to arrive. The police will investigate the car wreck, get medical attention for anyone who needs it, and fill out an official accident report.

Failing to call the police after an accident can hurt your case. Failing to get a lawyer is can be even worse for your case. If you’re involved in a car crash in Wichita or anywhere in Kansas, your first call should be 911, and your second call should be PISTOTNIK LAW. A car accident attorney at our firm can protect your legal rights every step of the way.

Do Car Accidents Have to Be Reported to the Police in Kansas?

You’re not necessarily required to call the police, for all wrecks,but it’s generally in your interest to do so. According Kansas laws, you should always call the police if:

• There is an injury or fatality.
• There is significant property damage.
• The vehicles cannot be moved.
• You suspect a driver is intoxicated.
• A driver involved in the accident has no insurance.
• A driver leaves the scene (hit and run).
• A driver is suspected of any crime.

The main reason to call the police is to create an official accident report, which will play an important role in your claim. Under Kansas law, police are required to file an official report for any car accident that causes death, injury, or over $1,000 in damages.

If you’re wondering “should I call the police after a minor car accident?” then the answer is still yes. The police are not required to fill out a report for an accident that causes no injury and less than $1,000 in property damage, but they normally will. You have no way of knowing for sure whether anyone was injured or how much property damage was caused. At an accident scene, no one is knowledgeable in valuing what it will cost to fix the car.  Cars can have hidden damage, and people can sustain injuries with delayed symptoms. To protect yourself, you should report any accident to the police, no matter how minor you think it is.

There are other important legal reasons to call the police. Most important is to document what happened, to get information about the other driver and their insurer, and to have an actual investigation be performed by the authorities to prove fault for the collision.  The police also provide a level of safety when dealing with the other driver, who might be upset, or angry.

Do Police Take Photos of Car Accidents?

The police often take pictures of the scene, but you shouldn’t rely on them to do so. Remember, the police are investigating the car accident and possibly issuing citations or tickets for wrongdoing, but they do not advocate for compensation for your injuries. Their investigation is focused on their goals, and your investigation should focus on yours.

Protect your legal rights by taking photographs and video of the scene, including evidence such as skid marks, any property damage, and any visible injuries. Likewise, you should get the names and phone numbers of any witnesses. That information may not make it into the police report, but protect your rights and get that information for yourself just in case.  The Wichita police are very busy and deal with many car wrecks and each individual officer has their own degree of effort towards the investigation.  There may be multiple witnesses and the officer may limit how many witnesses they talk to, as they simply don’t have the time to complete an a complete exhaustive investigation.

What To Say to the Police After a Car Accident

When the police arrive, be confident, polite, and cooperative toward the investigating officer. Let them do their job, which is to investigate the accident. With any conversation at the scene of an accident, you need to stick to the facts of what happened. You need to keep your talk to a minimum, as your conversation could be recorded.  Wichita police officers often take video of the conversation.  Give the officer enough information so that they can confirm the other driver was at fault.  Be clear on the fact that you had the right of way, you were at a complete stop, or whatever fact is in your favor.  Do not admit to any wrongdoing.  Admitting that you were going slightly over the speed limit, as an example, can be used against you to prove you have comparative fault.  Telling the office you never saw the other vehicle also shows you may have not been keeping a proper lookout.  Just like sworn testimony, don’t guess, speculate, or make assumptions, just provide the facts.  Don’t volunteer information that can be used against you.

What If the Police Report Says I Am at Fault?

If the police tell you that you were at fault, or issue you a ticket, you should not argue with them.  You should provide a factual basis to the officer as to why you think they are wrong.  Although insurance companies rely on these “opinions” from the officer, in Kansas a police officer’s opinion  on fault is normally not admissible as evidence.  Opinion evidence by investigating police officers concerning physical factors of a car accident are only admissible when a proper foundation for such conclusions is presented and the conclusions are the proper subject of expert testimony.  Pure conclusions from the officer, such as a driver was guilty of inattention or stating a driver was negligent are not allowed as that is the issue for the jury to decide.  One Kansas Supreme Court decision discussing this is Ratterree v. Bartlett, 238 Kan. 11, 707 P.2d 1063 (1985).You often can fight this determination of fault with one of our experienced attorneys on your side.

That’s why you need to contact the experienced car accident lawyers at Pistotnik Law as soon as possible. We will listen to what you have to say as to why you are not at fault and we will help you prove that.  In auto accident cases, it is not the police nor the insurance companies who determine fault, it is the jury or judge!

We offer a free consultation and work on a contingency fee basis, so there is no cost to hire an attorney unless and until we win your case. Don’t go it alone after a car accident. Contact Pistotnik Law quickly after your wreck.

Can Police Search Your Car After an Accident?

If don’t want them to search your car, remember that the accident doesn’t change your Fourth Amendment protections against unreasonable search and seizure. Obviously you need to not act suspicious or volunteer statements that may provide the officer cause to want to search your vehicle.  Police can only legally search your vehicle if they have your voluntary consent, a warrant, or probable cause to believe the car contains evidence of criminal activity. Being involved in an accident doesn’t necessarily give the police any special reason to search your car; they need to meet the same legal criteria as in any other situation.