Never Wait for the Police Report
Don't Make the Mistake of Waiting for the Police Report Before Discussing Your Truck Accident Case With an Attorney
At Grossman Law Offices, we field numerous phone calls every day from potential clients who have been injured in an accident involving a truck. Many of these people are certain that the truck driver in the accident was 100 percent at fault, and all they have to do is wait for the police report to validate their case. That, they reason, will make obtaining fair restitution a slam-dunk.
They need to think again.
Covered in This Article
- The Problems with Police Reports
- The Significance of a Police Report
- The Police Report is not Infallible
- You Need a Prompt & thorough Investigation
- What a Police Report Can Miss
The Problems with Police Accident Reports
Police officers perform the vital task of protecting the public. They are more concerned – as they should be – about criminal acts than accidents that result in civil litigation. As a result, sometimes a police report will not be as thorough or accurate as it should be. If that proves to be true in your case, and all of your hopes of winning your case are contingent upon vindication by the police report, you could very well be bitterly disappointed.
But even if the police report is accurate, there is a high probability that the information contained in the report will be the wrong kind of information. It is not the job of the police officer who worked your case to worry about your litigation; as such, it is not his or her job to determine civil liability. When a police report puts a driver "at fault," that driver is only at fault as it relates to the scope of the police report which is statistical in nature. A finding of fault in a police report does not admonish your burden to prove to a jury that the trucking company caused the accident.
If you do not have experienced legal counsel, you may be underestimating the intelligence of your opponent. Your ability to receive and amount of restitution could potentially be hindered depending on your choice of retaining an attorney or representing yourself.
The Significance of a Police Report
There are a few standard procedures followed by a Dallas officer when he or she arrives at the scene of an accident. That officer will call for medical attention if needed, take pictures of the scene and of the damaged vehicles, and take physical measurements in most cases. He or she will also obtain official statements from the drivers involved as well as witnesses to the accident. Then, the officer will take all of the information and prepare a report. This report may also include the officer's opinion of how the accident took place and who was responsible. Your insurance carrier, as well as that of the insurer of the other driver, will collect all reports associated with an accident, including the police report, when assessing the value of a claim.
However, again, the police report is not meant to establish liability in civil court. It's primary function is statistical analysis and record-keeping – it is designed to help the police, not your case. Although a police report is sometimes relied upon in an accident case, that is more of a by-product of its original function – not its main purpose. You may wonder why these reports are even used in Dallas accident cases. Many of these are small Texas accidents so there are not enough facts in question to justify a third-party investigation. Usually, the parties involved have no problem with using the police report stemming from that accident even though it is questionable at best in terms of accurately describing the transpired events. While it is a part of the evidence in an accident case, it is not the be-all, end-all "smoking gun" that many people believe.
As lacking in substance as it may be, the police accident report can obviously have a great affect on your case – both good and bad. If the officer concludes the other driver was at fault, that could greatly influence your settlement negotiations with the other driver's insurance carrier (or any personal injury lawsuit that may occur) in a very positive manner.
Conversely, if the report states that you were at fault, then the insurance company will obviously use this against you. It could employ bullying tactics and say something like "You had better settle your case as soon as possible – and for the amount that we are offering. Otherwise, you may lose your case and receive a nominal amount for your injury."
The Police Report is NOT Infallible
While the court will typically lean significantly toward the findings of the police report, that does not mean an unfavorable report will doom your case. Police officers are human beings, too, and they also make mistakes. They can miss witnesses or crucial facts, and sometimes let their reports be affected by their own biases. When a police report is inaccurate, you have recourse – but your best chance of combating that inaccuracy is seeking the help of a skilled Dallas 18-wheeler accident lawyer.
The accident report can be a great asset to your case, but the defense will attack it just as your attorney would if that report were detrimental to your case. The defense will look for the same inaccuracies as would your lawyer. In order to have the best possible chance of securing equitable restitution, your best course of action is to have a thorough investigation into your accident conducted by an attorney working on your behalf. Again, relying solely on the police accident report is a bad idea, because that report can be inaccurate.
An example: In one case, we represented the family of a passenger in a car who died in an accident with an 18-wheeler. The accident occurred as follows: the car was on the shoulder of the highway due to a mechanical problem. After the problem was fixed, the car began pulling into the far right lane. Soon after entering the right lane, the car was rear-ended by an 18-wheeler, killing that passenger.
The police report stated that the driver of the car was at fault because it pulled into the path of the semi-truck, however, the report seemed amiss. We were able to use the GPS data of the tractor trailer truck to prove that the truck, in fact, moved over four lanes of traffic just before the collision. This means the driver of the car safely pulled into a lane free of traffic while the driver of the 18-wheeler made an illegal lane change maneuvering at such an inopportune moment that the driver of the car never saw it approach.
These findings were completely at odds with the police report. Had our clients relied on the report, the truth would never have been known, and the defendants would have, likely, never been held liable.
Why You Need a Prompt and thorough Investigation
A police report can miss key evidence that can greatly affect your ability to obtain fair compensation. But if you hire a Texas lawyer who can conduct a detailed investigation, you will have the complete picture of how your accident took place and be able to determine the party or parties responsible.
Grossman Law Offices has over two decades of experience in conducting painstakingly thorough investigations. Here, it is standard operating procedure to launch such an investigation into nearly every accident case we accept. When we arrive at the scene of an accident, we take physical measurements, conduct forensic tests, locate and interview witnesses, take photographs, examine the scene for any existing video evidence, and perform several other tasks as well as scour the police accident report. We will be able to gather the evidence you need in order to disprove any potentially detrimental assertions made by the police report.
What a Police Report Can Miss in a Trucking Accident Case
The police did not tell you anything about the truck driver's history, the trucking company's hiring policies and maintenance records, etc. The report may tell you how the accident took place, but these other factors can show you why it happened.
In addition to the inability of the police report to paint a picture of what happened outside of the accident scene, there is one particularly vital piece of evidence – the data collected from the truck's engine control module (ECM) – that is often overlooked in a police investigation and, as a result, missing from the police report.
An ECM is a kind of "black box" of sorts, similar to the one found on all airliners. This module, when used in an 18-wheeler, provides critical data such as the speed at which the truck was traveling at the time of the accident, its RPM rate and braking rate.
The primary function of an ECM is to receive input from various sensors in a truck's engine and use that information to control the engine's fuel system. It also runs diagnostics on the control system of the engine and sets fault codes when problems arise.
However, this data can also be used in the reconstruction of an accident. In an accident reconstruction, factors such as the speeds of the vehicles involved, the time-distance relationship of the vehicles and impact angles are analyzed. The pre-crash data stored in an ECM is vital to this analysis. It must be noted, though, that while ECM data can provide a great deal of insight into how an accident took place, in most instances it cannot stand by itself in court; it must be analyzed in conjunction with other evidence. For example, the vehicle speed data provided by the ECM will typically come from a vehicle speed sensor, or VSS. The VSS basically measures the rotation of the wheels. Wheel speed and vehicle speed can be greatly different. If a truck has rolled over, and its tires are off the ground, its wheel speed will be much different from its forward speed.
When used properly by a trained and experienced attorney, this data, along with the other evidence we can gather, becomes a powerful tool in winning your case and securing equitable restitution. Again, this type of data is typically missing from a police report.
To Have the Best Chance of Winning Your Case, You need an Experienced Dallas Attorney
Previously stated, the best police officers make mistakes when writing a police report. No matter how thorough they may be, officers can miss key evidence that could make a huge difference in your case. Your best chance of ensuring you have all the evidence you will need – and thus, have the best possible chance of winning your case – is having an investigation conducted by an experienced truck accident injury lawyer.
Attorney Michael Grossman has over two decades of this experience. If you would like more information on how we may be able to help you, please call us at 1-855-326-0000 (toll free) for a confidential and free consultation.