After a car accident, drivers should almost always report the accident to the police. We may need a copy of the report the officers prepare to build your car accident lawsuit, but it might not always be used inside the courtroom.
Generally, police reports for car accidents are inadmissible in court as evidence. Police reports usually violate the rule against hearsay, as they are usually compiled based on second-hand information. Even so, part of the report could be used in other ways. For example, we may use the report to refresh a witness’s recollection on the stand. Similarly, opposing witnesses may be discredited or impeached using information in the report. While there are hearsay exceptions that may allow the report to be entered as evidence, this is somewhat uncommon.
Receive a free, private case assessment from our Austin, TX car accident lawyers by calling Cap City Injury Attorneys at (512) 612-3110.
Are Police Reports Admissible Evidence in Car Accident Lawsuits?
Generally, police reports are not admissible evidence and cannot be introduced in a civil injury trial. While police reports may still be very useful and should be obtained as soon as possible, we are unlikely to be able to introduce them as evidence in court.
Police reports are considered hearsay evidence because they are usually based on second-hand information gathered by law enforcement officials. However, under very specific circumstances, a report or parts of it may be used in court.
Special Exceptions for Police Reports as Evidence in Car Accident Cases
While police reports may be inadmissible hearsay, they might still be useful in the courtroom under certain circumstances.
Hearsay Exceptions
Under the Texas Rules of Evidence, certain public records may be admissible even though they are hearsay. Police reports may be considered public records and could be admissible under the right conditions. Parts of the report might become admissible under this exception, but likely not the entire report.
Refreshing Witness Recollection
Information in the report may be used to refresh a witness’s recollection of the accident. This may arise when conducting direct or cross-examination of any witnesses, whether they wrote the report or not.
Expert Testimony
Expert witnesses may use the police report when analyzing the accident and developing an expert opinion. For example, an accident reconstruction expert may review the full report when developing their professional opinion on how the accident occurred.
How Can a Police Report Be Used in a Car Accident Lawsuit?
The police report may be useful even if we do not use it in court.
Guide to Additional Evidence
The reports can serve as a guide to identify admissible evidence uncovered by the police during their investigation. For example, witnesses might have provided statements to the police that were included in the report. We cannot admit the statements in the report into evidence, but our Round Rock, TX car accident lawyers can use the report to find those witnesses and have them testify about what they saw on the witness stand.
Settlement Negotiations
Even if the police report is inadmissible as evidence in the courtroom, it may still be considered by the parties during settlement negotiations. The Rules of Evidence, including the rule against hearsay, do not apply in settlement negotiations, and we can present almost anything, including police reports.
How Police Reports May Be Used in Car Accident Insurance Claims
Police reports are tricky to use in a lawsuit, but they are more than fair game in an insurance claim. In fact, many insurance companies demand to see copies of police reports when they process claims.
Official documentation of an accident, such as police reports, helps convince insurance companies that car accident claims are genuine and not fraudulent. While an insurance company may process the claim without a police report, it can make the process more complicated.
FAQs Regarding Police Car Accident Reports in Austin, TX
Where Do I Get a Copy of the Police Report from My Car Accident?
You may request a copy of the report from the police department or agency that handled your accident. Reports can take a few weeks to compile and might not be ready right away, especially if the accident involves serious injuries or death.
Do I Need a Police Report to File a Car Accident Lawsuit?
You are not required to have a copy of the police report to file a lawsuit. However, we may need the report so we can use the information gathered by the police to build your case.
Are Police Reports Considered Admissible Evidence in South Carolina?
Police reports are typically inadmissible as evidence because they are considered hearsay, which is prohibited in court. However, hearsay exceptions exist that might allow us to use the report, or parts of it, in court.
Can I Use the Police Report in Court?
Even if we cannot admit the report under a hearsay exception, it may be used to impeach a witness or to refresh a witness’s recollection.
When is the Police Report Available After a Car Accident?
Police reports may take time to compile, and most are not ready for at least a few weeks. If the accident were more complex or involves severe injuries or death, the report will likely take even longer to complete.
Can I Use the Police Report in an Insurance Claim?
You may use the report in an insurance claim. Many insurance companies will ask for a police report if one is available. The rules of evidence do not apply to insurance claims, and police reports may be necessary even though they are hearsay evidence.
Speak to Our Austin, TX Car Accident Lawyers About Getting Copies of Police Reports
Receive a free, private case assessment from our Texas car accident lawyers by calling Cap City Injury Attorneys at (512) 612-3110.