The role of police reports in personal injury claims is frequently a very important one. If you’ve had a serious accident or fallen victim to an assault, the police will file a report on it; when the time comes to file a lawsuit, this report will be a crucial source of evidence for your attorney.
As an injury victim and lawsuit plaintiff, it’s important that you understand the importance of police reporting in this context. We look at it in detail here.
Not every personal injury case is a matter for the police. For instance, if you fall victim to medical malpractice, you won’t need to call 911 to report your doctor. In many other cases, though, the police will be involved very soon after you have an accident.
Even if the police aren’t called by a bystander when you have an accident, it may be a good idea for you to contact them if you’ve clearly been the victim of someone else’s negligence or intentional wrongdoing. Having the police report on the incident at the scene will strengthen any claim for damages you decide to file later on. Additionally, in some situations (most road accidents, for example) you’re legally required to call the police to the scene.
You must contact the police when you have a car, truck, or motorcycle accident that causes an injury or significant property damage. Failing to wait for police at an accident scene may constitute a hit-and-run offense, even if you’re not at fault for the accident.
It’s particularly important to call the police if a driver involved in your accident appears to be under the influence of drugs or alcohol, or if a hit-and-run incident has taken place.
The resulting police report provides details about the collision, contributing factors, and any citations issued. Once the police report process following a road accident is complete, you can request it via the Pennsylvania State Police website, where you’ll need to pay a small fee to have the documents sent via email.
Many workplace injuries are reported directly to employers and handled through workers’ compensation. If your workplace accident is handled in this way, you will not be entitled to file a personal injury lawsuit, as workers’ compensation rules protect employers from this type of legal action.
However, the police may become involved if:
If you are the victim of an assault, you should contact the police immediately. The police report will document the incident, identify witnesses, and note any arrests made.
Incidents like these will often lead to criminal charges as well as any civil case you decide to file. However, it’s important to note that these will be entirely separate legal processes. It’s quite possible for criminal charges against an assailant to end in acquittal while a personal injury lawsuit arising from the same incident results in a successful settlement or verdict.
If you’re injured by a dog attack, you should call the police, especially if the owner is uncooperative. Their report might include witness accounts, details about the animal, and whether the owner was in violation of local leash laws.
If you have a boating accident that results in an injury requiring treatment beyond first aid, you must report it either to local law enforcement or the Pennsylvania Fish and Boat Commission (PFBC). The relevant agency’s report on the incident should be available for any personal injury lawsuit you decide to file later on.
Once your lawsuit begins, your personal injury attorney will use the police report to support your case in several ways.
First, a police report will often contain an initial indication of how an incident happened and who may have been at fault. While it won’t generally be sufficient to establish liability by itself, insurance adjusters and opposing counsel often give it significant weight during settlement negotiations.
Additionally, police reports can provide context for other pieces of evidence (such as surveillance camera footage and eyewitness accounts). Your attorney will draw parallels between the police report and other sources; if there is general alignment between the various forms of evidence, your claim will be in a very strong position.
For more insight on how your lawyer is likely to use the police report in your case, contact us today to schedule a free initial consultation.
Not all police reports work in your favor. The responding officer might misinterpret the scene, rely on incomplete information, or even make errors in their report. If the police report doesn’t support your case, don’t panic -- your attorney can build a strong case using other methods.
If your lawyer notices factual errors in the police report, such as incorrect vehicle details or a misquote of your statements at the scene, they can request an amendment on your behalf. While officers are not obligated to change their report, they may correct obvious mistakes if you provide evidence of inaccuracies.
An unfavorable police report doesn’t mean your case is over. Your attorney can supplement or counter the report with other forms of evidence, including:
The police report on your accident may provide a lot of help in holding the responsible party accountable; alternatively, it might be an obstacle to get around if it doesn’t back up your version of events. Whether you want to maximize its usefulness or challenge its findings, you’ll need the assistance of an experienced attorney.
Contact the Cochran Firm in Philadelphia today to schedule a free initial consultation about your case. You can reach us via our website or on the phone at 800-969-4400. Don’t delay; if the police report on your case is unfavorable, your lawyer will need as much time as possible to build a strong enough argument to refute it.
