      
   4.9144 reviews

Is a Car Accident Considered a Crime Scene?

Request a Case Review

Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

10b9db026d89119e951a851045ac17eee7784f79

Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Jun 10, 2026

Read Time: 4 mins

Not every car accident is a crime scene, but the circumstances that caused the crash or the conduct of an involved party afterward may lead to a criminal investigation. If criminal charges are filed against one party in a car accident, the other party might have a stronger argument to recover damages for losses and injuries that were sustained in the crash.

The car accident attorneys at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. can help you recover damages if you were hurt in a car crash due to another driver’s negligence. It’s important to understand what actions you should take in the aftermath of an accident if police are investigating the crash as a crime.

Report the Accident to the Police

In every instance, the police will determine if a car accident is a criminal matter. Even if no criminal charges are filed, you should always report your accident. In New York, you are obligated to report the crash within ten days after it happened if it resulted in a death or caused property damage over $1,000. That limit is $500 in New Jersey. Even if nobody was injured in the accident and the property damage was minimal, you will have a better opportunity to collect insurance payments for any damage if you have a police report that summarizes the details of the accident.

When a Car Accident is a Criminal Matter

Several situations will elevate a car accident into a crime scene:

A driver that leaves the scene of an accident can be charged with hit-and-run. This includes hitting an unoccupied parked car and driving away without leaving your contact information, failing to report damage to a street light or municipal sign, and in some cases hitting an animal. Even if you are in a rural area where police cannot easily come to an accident scene, you can best protect yourself from criminal hit-and-run charges by contacting the police as soon as is possible after a collision.
If a moving traffic infraction such as speeding and reckless driving precipitated the accident, the driver that committed the infraction might, at a minimum, receive a misdemeanor citation.
A motorist that causes an accident while driving under the influence of drugs or alcohol will almost certainly face criminal charges. If the accident resulted in serious injuries or death, the driver can be charged with assault or manslaughter that can lead to long prison sentences.
A car accident that is caused by a driver who is committing another crime, including, for example, fleeing from a police pursuit, will likely be treated as a crime scene.
New York and New Jersey have both enacted laws to ban texting while driving. If police investigators determine that a driver caused an accident due to texting distractions, the accident might be treated as a crime scene.

How Criminal Charges Affect Recovery of Damages in a Car Accident Lawsuit

Establishing liability is important regardless of the “no-fault” car insurance laws in New York and New Jersey because an injured party will still have an opportunity to file a lawsuit in either state when certain conditions are met, such as when insurance policy limits are exceeded.

Both New York and New Jersey will also apply a “comparative negligence” standard to accident cases. That standard will reduce the total damages that an injured party may be able to recover in proportion to that party’s responsibility for an accident. If one driver receives a criminal citation following an automobile accident, the other party’s proportionate share of the blame for the accident will likely be lower or non-existent.

Call Today for a Free Case Review

Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. represents car accident victims in Rockland and Bergen Counties, and elsewhere in New York and New Jersey. We have the knowledge and experience to evaluate how criminal charges affect liability and damages in automobile accident cases.

Call us to speak directly with an experienced car accident lawyer about recovering maximum damages for your car crash property losses and injuries.

Why Trust Us?

150+ Reviews

50+ Years of Service

Full-Service Law Firm

Client Reviews

    
 
 
      Posted on Google  
   Kenny Perlow 
 15 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
     Posted on Google  
   Aliza Ali 
 79 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
     Posted on Google  
   Jana Montero 
 82 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
     Posted on Google  
   Mike Sakmann 
 88 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
     Posted on Google  
   Liz Hecker 
 94 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
     Posted on Google  
   Brandy Miller 
 117 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
     Posted on Google  
   Mike Greenspan 
 130 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
     Posted on Google  
   Jonathan Sampson 
 137 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
     Posted on Google  
   Vinnie Kung 
 140 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!
  
 
     Posted on Google  
   Lynn Gill 
 141 days ago
 
 
 Trustindex verifies that the original source of the review is Google. The personnel at this business were second to none. Everyone was super responsive and amazing to work with. For any future legal needs, this will be my go-to, hands down.

see all reviews

Is a Car Accident Considered a Crime Scene?

Why Trust Us?

Rockland County, New York

Bergen County, New Jersey