MINNEAPOLIS, Minnesota. If you’ve been in an accident in Minneapolis, Minnesota it is important to call the police to make a police report. In fact, if you’ve been involved in an accident involving personal injury or extensive property damage, you are required under the law to call the police. Under Minnesota law, you are required to stop if you are involved in a crash. Even if you hit an unattended vehicle, you must stop and try to contact the person who owned the damaged property. Failure to stop, render aid, call for help, or inform a property owner about damage caused during an accident can result in criminal charges under Minnesota law.
However, once the police are on the scene of the accident, what are your responsibilities? Under the Fifth Amendment, individuals have the right to remain silent. But does this mean you should always remain silent at the scene of an accident? It is important to understand why individuals invoke their right to remain silent and why doing so at the scene of a crash may not always be in your best interests. First, the Fifth Amendment protects individuals against self-incrimination during police questioning after an arrest. Rarely are people arrested at the scene of a crash, unless, of course, alcohol or drugs have been involved, or if one person was driving recklessly. Additionally, according to NPR, a person’s decision to remain silent can also be used against them in court. When a man hit another car, he was asked to sit in the back of a police vehicle. During this time, he remained silent. Later, his silence was used against him. Police claimed that his silence was a sign of his guilt.
So, what should you do at the scene of a crash? According to the Minneapolis, Minnesota personal injury lawyer at the Law Office of Martin T. Montilino, it is important that police get your name, contact information, and record that you have been involved in an accident. This information can later be used to support a personal injury claim or make a claim with insurance. It is important to speak to officers.
However, if you are being arrested, circumstances may be different. At this point, officers may already have your name and information. As you are being arrested, you may be read your Miranda Rights, during which time the police will inform you that you have the right to remain silent. So, in general, you should share information about the accident with police, unless you have been read your Miranda Rights. At this point, you should indeed remain silent and ask to speak to a lawyer.
If you’ve been involved in an accident and have questions about your right to seek personal injury damages or claims, consider speaking to the car accident lawyer at the Law Office of Martin T. Montilino in Minneapolis, Minnesota. Our firm can review the circumstances of your case, speak to insurance adjusters, and fight to help you get the maximum possible recovery under the law.