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Attacking a police report

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Yuke

Member
What is the name of your state? CA

I was involved in an accident where a driver cut me off while trying to get into a freeway interchange lane. He slammed on the brakes because it was stupid for him to try to get into the lane so late, but I hit him and was deemed 100% at fault.

The police report failed to include my statement that the other driver cut me off.

However, the police was not taken onsite, and not by the first officers on the scene. Also, the other party clearly lied and said he had been in the lane for 2 miles, which is a physical impossibility.

So the question is, how strong is that police report as evidence? Obviously its a hearsay statement anyways.

Thanks in advance.
 


CdwJava

Senior Member
Yuke said:
What is the name of your state? CA

I was involved in an accident where a driver cut me off while trying to get into a freeway interchange lane. He slammed on the brakes because it was stupid for him to try to get into the lane so late, but I hit him and was deemed 100% at fault.

The police report failed to include my statement that the other driver cut me off.

However, the police was not taken onsite, and not by the first officers on the scene. Also, the other party clearly lied and said he had been in the lane for 2 miles, which is a physical impossibility.

So the question is, how strong is that police report as evidence? Obviously its a hearsay statement anyways.

Thanks in advance.
The police report is not evidence. And unless the officer conducted an investigation and measurements at the scene, it is really a collection of statements.

Of 500+ traffic collisions I have taken, I have gone to court to testify in none of them that have not involved DUI crashes. I was once subpoenaed for a civil case, but never had to take the stand.

Since the officer wasn't there, you will say your piece, the other guy will say his, and then the judge will make a decision.

However, in general, if you hit someone from behind - unless he turned immediately in front of you - you will be considered the party at fault per SWITRS (the guidelines we write our collision reports by in CA).

- Carl
 

Yuke

Member
Thanks for the response.

Along the same facts, how do I attack the presumption that I'm at fault since I hit him from behind? I have his ludicrous statement that he never changed lanes. So basically he's a liar, but does that make my statements that he cut me off more believable? The other party has claimed no BI and I have a lot of BI.

Seems to me liability is an issue, but damages are highly in my favor.
 

CdwJava

Senior Member
Yuke said:
Thanks for the response.

Along the same facts, how do I attack the presumption that I'm at fault since I hit him from behind? I have his ludicrous statement that he never changed lanes. So basically he's a liar, but does that make my statements that he cut me off more believable? The other party has claimed no BI and I have a lot of BI.

Seems to me liability is an issue, but damages are highly in my favor.
Insurance companies use the police report primarily for contact information - not for the conclusions. They are not bound by legal issues of criminal law but by liability, thus they rarely agree with the determination of fault.

You can "Challenge" the presumption fo fault with your insurance company, and maybe be permitted to add a written statement to the police report, but usually you will not be able to compel the report to be re-examined. Since it's not likely to be used for any criminal prosecution, the police interest in the collision is minimal. For the most part, we write these things for the insurance companies and for the state and federal governments to obtain collision statistics.

They are pretty much a waste of our time otherwise.

- Carl
 

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