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Does it matter for my auto accident case what the police report says? Houston Car Accident Lawyer provides the answer.
Most car accidents of any significance are investigated by the local police. Typically the police officer will drive to the scene of the wreck, interview all involved drivers, interview any witnesses, inspect the vehicles, inspect the scene, and complete a written police accident report that same day.
Before we can discuss if it matters what the police report says for your accident, let's review some of the more important pieces of information that are in police reports:
Statements. Usually the officer will record what each driver stated as to how the wreck happened. Sometimes an officer will also document what one or more witnesses state.
Diagram of the scene. Many times the investigating officer will include a rough diagram of the accident scene. For more serious auto crashes, the officer will take pictures and maybe even call in the police "accident reconstruction" team to do a detailed analysis of the crash.
Officer's conclusion of who was at fault. Typically the officer will write a brief narrative of his or her opinion on how the accident happened, and complete a "factors & conditions" section indicating who, or what, caused the wreck. Sometimes an officer will also record citations issued.
Property damage. Officers will document the location, and extent, of the property damage to all involved vehicles, and indicate whether or not each vehicle was towed from the scene.
Injuries. Police officers usually document whether anyone was injured in the wreck, and will indicate the severity of injury.
Ambulance transport. If anyone is taken from the accident scene by ambulance, the officer will record the ambulance company and the hospital to which the person was taken.
THE ANSWER TO THE QUESTION IS: "YES."
Yes, it matters what police reports say in auto accident cases. This is because police officers are typically viewed as neutral parties who are doing their job and folks usually will defer to what a qualified police officer has determined in his or her investigation of a car crash.
But don't take this too far. If the police report contradicts your case in one or a few ways, many times that is something that a qualified car accident attorney can handle.
If the police report faults you -- incorrectly -- you have a good reason to be concerned about this. But your lawyer should be able to hire an expert in "accident reconstruction" who can show how the wreck was not your fault.
You may be worried that the police report says you were "not injured." Of course it would be better if the police report did not indicate this, however, this is not something that typically destroys a car accident case. Many officers simply check "not injured" if the person does not request an ambulance. And most officers will acknowledge during questioning that they are not medical experts and they will defer to what the doctors have to say. So as long as your doctors support your injury case (if they don't you don't have a case!), do not be too concerned about the officer's injury finding.
The bottom line is that it does matter what the police report says, but the report is definitely not the last word on all important case issues. A car accident case is not based exclusively on what is contained in a police report, as there is so much more information out there that is important.
If you have questions about police reports in auto accident cases, please contact us and our Board Certified Houston Auto Accident Attorneys will help you.