Police Reports in Car Accident Lawsuits
A police report contains a detailed record of the circumstances surrounding a car accident. Officers who respond to the scene typically gather names, addresses, driver’s license numbers, and insurance information from all involved parties. They record facts such as the date, time, and precise location of the crash, and they often include contact information for independent witnesses. The report usually describes the roadway layout, weather, and lighting conditions and includes diagrams showing the positions of the vehicles both before and after impact. Officers note any citations issued at the scene and may include personal observations about what caused the collision, although these are considered opinions rather than binding legal conclusions.
Obtaining a Police Report
A driver involved in an accident may request a copy of the report through the law enforcement agency responsible for investigating the crash. Officers often provide an identification number to help locate the document. If the officer did not supply this number, the agency can still locate the report by using details such as the date, time, and location of the accident. Some agencies have online request forms, while others require a mailed or in-person request. A small fee may be charged, and it can take several days or even weeks for the final version of the report to become available.
Facts vs. Opinions in a Police Report
Most police reports separate factual information from the officer’s impressions. Verifiable facts include the time of day, the weather, vehicle descriptions, and observable points of damage. When an officer states a belief about which driver caused the accident, that portion represents an opinion. Since officers generally arrive after the accident occurs, any fault determination in the report is not legally binding. Courts consider opinion sections as less authoritative than a judicial finding made after all the evidence has been reviewed according to established legal standards.
The Hearsay Rule and Exceptions
In formal litigation, the police report is usually treated as hearsay because it is an out-of-court statement offered to prove the truth of what it contains. As a result, it cannot automatically be admitted as evidence to establish fault. However, certain parts of the report may be admissible under exceptions to the hearsay rule. Factual portions, such as road measurements, distances between vehicles, and recorded damages, often qualify as public records and may be introduced in court. Statements made by drivers and recorded in the report can sometimes be used against the person who made the statement under rules that allow admissions of a party opponent. In less formal proceedings, such as small claims court, judges may apply more relaxed evidentiary standards that allow the entire report to be considered.
Insurance Considerations
Insurance companies typically use police reports as a foundational resource when investigating claims. They examine the facts of the accident, such as points of impact and damage, but they also evaluate the officer’s notes on potential fault. Insurers maintain their own methods of assigning liability and determining compensation and may rely on additional evidence that was not available to officers at the scene. Thus, while police reports can guide an insurance adjuster’s initial assessment of the accident, the insurance company’s final conclusion may differ from the officer’s stated opinion.
Correcting a Police Report
When a police report contains an indisputable factual error, such as an incorrect street name or vehicle identification number, a driver can contact the law enforcement agency that created the report. Submitting documented proof of the correct information may lead the agency to amend the record. It is much more challenging to alter an officer’s stated opinion regarding fault. Those who believe the officer’s conclusions are inaccurate can bolster their assertions with other forms of proof, such as additional witness testimony or photographs that contradict the officer’s impression.
Building a Stronger Case With Independent Evidence
Although the police report often serves as a significant starting point for insurance claims and legal strategies, parties seeking compensation or defending against liability frequently gather more comprehensive evidence to reinforce their position. Photographs of the scene and vehicle damage taken immediately after the accident can present a clearer picture than a single sketch in the police report. Ensuring that all witnesses are identified and interviewed can uncover details the officer may have missed. Seeking prompt medical attention creates reliable documentation of injuries and their possible connection to the collision. Courts and insurance companies typically place greater weight on a well-supported claim based on concrete evidence than on a simple assertion that the officer’s opinion was flawed.
