Most car accidents in California lead to police reports. A police report may include numerous details – including intoxication levels, specific traffic violations, and even the speeds of various vehicles. These documents may prove useful for those who wish to pursue financial compensation after car accidents. How exactly do you use a police report in a personal injury lawsuit? What kind of evidence can a police report provide you with? Are police reports even admissible in personal injury trials? To answer these questions, consider a consultation with a California car accident lawyer.

What are Police Reports?

The official term for a police report after a car accident is “traffic collision report.” If you were involved in a car accident, police will likely create a traffic collision report that describes your specific incident.  Your report will contain various details.

The most basic details are the time and location of your crash. These might be more useful than you realize in a car accident case. For example, evidence may suggest that a negligent driver began drinking alcohol at 8 PM. If the police report shows that the accident occurred at 8:30 PM, then this implies they were intoxicated at the time of the crash.

The specific location of the crash may also prove important. For example, a negligent driver may attempt to argue that a confusing construction zone led to the crash. However, the police report may show that the crash occurred at an intersection several blocks away from the construction zone.

Police officers who respond to auto crashes may also interview various eyewitnesses. These eyewitness accounts may prove very useful, and they might represent the only source of reliable information in the absence of video footage. Names and contact information can help you and your lawyers track down these witnesses to obtain more detailed information.

Many police reports contain visual diagrams of the crash. These diagrams can help you visualize exactly how the collision occurred. Additional details may highlight the speeds of respective vehicles, the point of impact, and the various traffic signals or signs nearby.

Finally, a police report usually contains an officer’s personal thoughts about what caused the crash. For example, the officer might conclude that a distracted driver caused the collision. They may write their conclusions at the end of the report, providing a clear indication of fault. In many cases, accidents lead to tickets, traffic infractions, or even arrests. All of this information should be provided in the police report.

Obtaining a Copy of the Police Report

It is exceedingly easy to obtain a copy of your traffic collision report in California, and you can do this by filing form CHP 190. If you file this form, you should receive your traffic collision report relatively quickly. Any “Part of Interest” involved in the collision can file this form. This includes not only drivers, but also owners, passengers, parents, and guardians. If you print and complete the form, you can submit it in person or by mail to the nearest area office of the Highway Patrol. Note that requirements may vary depending on your specific municipality/county.

If you need help filing this form or obtaining your traffic collision report, you can always turn to your personal injury attorney for assistance. Sometimes, it’s difficult to determine which specific police department is investigating your collision. The California Highway Patrol only investigates certain collisions – and they will not have any record of your incident if it falls within the jurisdiction of another police department. Your lawyer can help you determine which specific police department is investigating your incident. Note that your attorney can obtain a report on your behalf without your involvement.

 Are Police Reports Admissible Evidence in Personal Injury Trials?

Contrary to popular belief, police reports are generally inadmissible in California personal injury trials due to “hearsay” rules. Police reports fall under the category of “hearsay” because they describe statements made outside of court. For example, a police report might contain the statement of a negligent driver who admitted they were intoxicated after stumbling out of their vehicle. In this case (and countless others), the police report is a statement describing another statement.

California Vehicle Code 20013 states that accident reports should not be used as evidence in any trial. Time after time, judges in California have upheld this basic principle – continuously ruling that police reports are inadmissible in California injury trials.

If Police Reports are Inadmissible, Then Why are They Useful?

Even though police reports are inadmissible in personal injury trials, they are still useful. Over 90% of car accident cases never reach the trial stage, and they are instead settled outside of court. During settlement negotiations with insurers, the normal trial rules do not apply. Instead, injury lawyers and insurance adjusters follow a more informal procedure – and they often rely upon police reports to help determine liability.

Even if your case does go to trial, your police report may still prove useful. Your lawyer can carefully examine the report and collect a list of eyewitnesses. After contacting these witnesses, your lawyer can obtain statements that are identical to those that appear in the police report. Your lawyer can also contact the police officer who wrote the report and obtain additional statements from them. While an officer may be barred from sharing their opinion as to the cause of the crash, they can recount everything they observed after arriving at the scene.

 Find an Experienced Car Accident Lawyer in California

 If you have been searching for a qualified car accident lawyer in California, look no further than Miracle Law. Our lawyers can help you collect, compile, and present various forms of evidence to support your case. Although police reports represent just one form of evidence, these documents may prove especially useful. To discuss this evidence in more detail, book a consultation with us at your earliest convenience. Each accident case is slightly different, and online research only gets you so far.