Both car accidents and traffic stops can cause anxiety and stress.
Car accidents can result in injury, trauma, or death, while traffic stops can be tense and sometimes dangerous for many groups of people in America, particularly Black people.
When you’re involved in a traffic incident, such as a stop by police or an accident, you must know your rights.
You must know how to pursue legal action if your rights are violated.
Silence
During any point of time during a traffic stop or car accident, you are always allowed to remain silent.
It is your right as a citizen.
If a law enforcement officer asks you questions you do not want to answer, such as where you’re from, what you’re carrying in your car, or where you’re headed, you do not have to answer as long as you inform the officers that you are invoking your right to remain silent under your Miranda Rights.
You must confirm this verbally with law enforcement; you can’t simply decide to be quiet without warning.
If law enforcement has heard your request to remain silent and refuses to allow this, it violates your rights, and you should obtain an attorney.
Search Consent
You do not have to consent to law enforcement searching your vehicle if they do not have a warrant.
Law enforcement will not have a warrant for most random traffic stops, as they tend to use probable cause to search a vehicle.
Remember that while you don’t need to consent to a search without a warrant, you must provide proof of a driver’s license, insurance, and vehicle registration during a traffic stop or car accident, even if you’ve done nothing wrong.
If officers suspect you have a weapon on your person, they do not need a warrant to pat you down legally; this should be a painless, simple process and not cause you distress or harm.
Excessive force for no reason is a violation of your rights.
Leaving the Scene
During a traffic stop, if you are not under arrest, you can ask if you’re free to leave, especially as a passenger.
In these cases, you should leave silently and calmly if you’re given permission.
If you are under arrest, you have a right to an attorney and a phone call.
During a traffic accident, fleeing the scene too early can cause a criminal charge.
So, you must wait until insurance information is exchanged and police have established an investigation (if applicable).
Attorney
You always have the right to an attorney in a traffic stop or car accident.
If you are arrested, you can exercise your right to remain silent and ask for an attorney immediately.
Even if you can’t afford one, the state will appoint one.
If you aren’t under arrest but merely seeking compensation or assistance with car insurance claims, you also have the right to an attorney.
You will need to secure an attorney who practices in the state where the car accident occurred, and you will need to do so within the statute of limitations (deadline for filing a lawsuit).
The statute of limitations varies depending on location.
Kentucky
In Kentucky, the statute of limitations depends on the type of compensation you are seeking.
For wrongful death, you only have one year.
For vehicular damage or personal injury, you have two years.
However, you only have one year for injuries if you do not receive personal injury protection (PIP) coverage.
Navigating car accident faults or statutes of limitations can be confusing.
You can hire a car accident law firm to ensure someone with experience in the field represents you.
It also means you’ll be looking at maximum compensation.
On the northeast tip of the United States, Maine has a very different timeframe for the statute of limitations than Kentucky.
You have six years to file a car accident compensation lawsuit, but this timeframe can vary depending on several factors.
You’ll want to contact an attorney in any city in Maine as soon as possible.
North Carolina
If you’re in a North Carolina car accident, you’ll need to seek compensation within three years of the accident or when you first noticed your injuries.
Many large cities in North Carolina, such as Raleigh, Charlotte, or Greensboro, have attorneys who can help you file a timely lawsuit.
Recording a Scene
If you are in public, you have the right to observe and record events as long as you are not obstructing law enforcement.
However, it would help if you didn’t try to hide your recording, as some states may not allow you to record people without consent.
Keep your phone or recording device clear to law enforcement or witnesses.
You will also want to take photos or videos of vehicle damage, bodily injuries, or other relevant evidence when applicable.
Filing a Car Insurance Claim
After a car accident, you have the right to file an insurance claim, as you must carry car insurance in case of accidents or damage.
No one should stop you from filing an insurance claim, particularly the liable parties in the accident.
However, your attorney may advise you to hold off filing an insurance claim during litigation momentarily—this is normal.
Seeking Compensation
Sometimes, insurance claims are denied, or negligence causes significant trauma or damage.
You have the right to seek compensation when applicable through litigation, and no one should coerce or threaten you out of it.
Fair Trial
Whether you are arrested for criminal charges or decide to pursue legal action against a negligent party for personal injury or wrongful death, you always have the right to a fair trial.
Outside of criminal charges, trials usually happen when the insurance company and your attorney can’t find a middle ground regarding a settlement.
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