How a collision changes the charges
When there is property damage only, the case may look much like other impaired-driving matters, with the crash becoming part of the prosecution's account of the evening. When someone is hurt or killed, prosecutors may bring separate and more serious charges, such as vehicular assault or vehicular manslaughter in New York, which are felonies. Leaving the scene, even briefly, can add charges of its own. Investigators often seek a blood sample through a warrant, collect data from the vehicles involved, and reconstruct the crash. Those steps take time, so charges can be filed or upgraded after the first appearance.
The civil claims running alongside
People injured in the crash may bring civil claims, and your auto insurer will usually be involved in handling them. Notify your insurer as your policy requires, but keep your description of what happened brief and factual, and talk to your criminal lawyer about what to say. Statements given to an insurance adjuster can find their way into the criminal case. The civil claim and the criminal case run on different standards and timetables, and while a conviction can be used in the civil matter, an acquittal does not end a civil claim. Do not contact injured people or their families to apologize or to discuss the crash, however natural that feels.
Preserving what happened at the scene
Scene evidence disappears quickly. Photos that you or others took of the road, the vehicles, the lighting, and the weather can matter, as can the vehicles themselves, which may hold electronic data about speed and braking. If your car is in a tow yard or with an insurer, it may be sold or repaired before anyone has examined it. Let us know where the vehicles are as soon as possible so that a preservation request can go out. We will also ask about any medical treatment you received after the crash, since an injury can explain how you appeared to officers at the scene.
