2016 a, OK 7413 3 Police Reports – How Useful Are They in a Personal Injury Case
Is reviewing police reports as important as medical records review in a personal injury case? Read on to find out.
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A medical records review is indispensable in any personal injury case to determine the nature and extent of injury and other relevant information, which makes medical record review for attorneys a valuable service. But what about police reports – are they useful in a personal injury case? Depending upon the jurisdiction or situation, police reports may be inadmissible in court. Even so, these are key documents that contain useful information related to the event leading to the injury, the nature and extent of injury and other relevant details. In this way, these records are useful in personal injury settlement negotiations. Why “Inadmissible”? Police reports are not usually admissible in court because they are considered “hearsay” or an out of court statement offered to the court to support the argument. It is hearsay mainly because:
The police officer recording the details did not personally witness the incident.
It is an unsworn statement.
It describes the action or statement of another person or a person without direct knowledge of the event.
This report is not subject to cross examination in court.
However, attorneys, claims personnel and others depend on these documents to a large extent when evaluating, investigating, negotiating or litigating personal injury or property damage claims. Paralegals entrusted with the responsibility of gathering information related to a personal injury case involving an accident will have to request a police report in addition to the various relevant medical records. When reviewing police reports, there are certain key elements to extract and these would be as follows. Key Elements to Look for in a Police Report A police report typically documents the following details, which must be carefully mined for use during litigation:
The date, time and location of the accident/event. Some reports may even contain a diagram of the scene of the accident. The date and time are important from the point
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of view of applicable statute dates. A police report helps to validate an incident date and thereby helps to reduce errors while reporting claims. You can also get a clear idea of the location with details such as principal road/intersection, city, state and landmarks.
Other important information that can be extracted include weather conditions, type of lighting at the time of the incident, road gradient/alignment, faulty traffic signals, obstructions or other defects on the road, condition of road signs, the condition of the road surface (e.g. icy road surface), fog conditions and so on.
It gives information regarding the people involved in the accident – the drivers of the vehicles, vehicle owners and their insurance information. The report will also include the occupants of both vehicles.
An important element to look for is entry regarding the medical condition of the driver and passengers. These entries would provide details such as bodily injury sustained, loss of consciousness, and overall condition of the people involved. In this section you can also find details regarding the responding emergency medical team, the investigating officer etc.
A police report will also include factors that may have contributed to the accident such as cell phone use by drivers, underage drivers, and those driving under the influence of alcohol or drugs.
Details of witnesses if any. The witnesses can be called to court to testify at a trial or deposition.
Info regarding the vehicles involved – year, model, make, VIN and license plate number. Additionally, information such as use of safety equipment, possible vehicle failure, and condition of the vehicle can also be obtained.
Location and severity of damages sustained by both vehicles.
In a police report, there may be instances of erratic, conflicting or missing/incomplete information that attorneys and their paralegals must be wary about. All these must be discussed with the client and verified. .
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