Sometimes the cops get it wrong. Here's what to do when a police report says you're at fault.
If you have been in an accident, your natural inclination ought to be to call the police and have a report made. But what if the police report says that you were at fault? This article will hopefully answer some questions you may have if this situation applies to you.
New to car accident law? Make sure you visit our Comprehensive Guide to Car Accident Cases now.
Questions answered on this page:
- What happens if the police say the accident was my fault?
- How do I fight an unfavorable police report?
- Can police reports be changed?
- Do I need an attorney?
Unfavorable police reports are not the final say.
Many people feel that an unfavorable police report is the end of their attempt to recover damages from a traffic accident, but this is not the case. A police report is not determinative in establishing fault in a traffic accident---it can be altered, and it can be disproved. The biggest reason that a police report does not establish fault in an auto accident is that the police officer is not a traffic accident expert and the police report does not contain traffic accident analysis. The majority of the content in a police report are the facts of the parties involved, such as name, driver's license, and insurance information. The analysis portion of an accident report is generally limited to a freehand drawing that leaves a lot to be desired. Our attorneys at Grossman Law Offices know how to overcome the damage of an unfavorable police report, and we have years of experience in handling car accident cases.
Further, we have judges and juries in the state for a reason. Ultimately, it's up to them who was ACTUALLY at fault. If we cannot convince the defendant that the police report was wrong, we can always take your case before the court to prove you were in the right.
Expert traffic accident analysis can help, as well.
The use of an expert traffic accident analyst can overcome a harmful police report. Police are not trained in the physics and science of how accidents happen. They're not necessarily wrong because they were negligent or just "too busy" to really care, but they might simply not have the training and experience to get your case right.
A traffic accident analyst forms his opinion based on his experience in the field and determines on who is at fault by "recreating" the scene of the accident. This process is done by taking all the facts from the accident, witness statements, and knowledge of the scene, and applying them to determine the events that lead to the accident. He can then explain to the jury---if necessary---why the accident was the other driver's fault. We at Grossman Law Offices routinely retain accident analysts who are able to perform the re-creation of the accident scene to determine fault in the accident.
Police reports can even be changed.
While many police officers are reluctant to amend their accident report after they are finalized, there are a couple ways for this to be done. Texas statutes provide that your attorney can request for a police report to be altered by making a written supplement to the report and naming the person that made the change. If the police officer refuses to alter the report in light of the new evidence, your attorney can take the matter before a judge who will then make a decision on the matter.
Don't be discouraged by a bad police report. Call us now.
Inaccurate police reports should never deter you from asserting your rights. The attorneys at Grossman Law Offices have 25 years of experience in the practice of personal injury law and have made numerous recoveries for our clients when they are faced with unfavorable police reports. Join the thousands of our former clients who got the recovery that they deserved. Call (855) 326-0000 to schedule your free consultation and discuss the merits of your case.
Related Articles For Further Reading: