QUESTION
Can an accident report with inaccurate information be used in court?
Asked on Feb 04th, 2014 on Personal Injury - Minnesota
More details to this question:
I was recently in an accident where I rear ended someone making a left from the right lane. The police officer that filled out the accident report wrote that I rear ended myself (both cars listed in the report were the same car - ie my car). I was given a ticket for following too closely. I don't believe the other driver got a ticket for anything. Is the inaccurate accident report enough to get the case dropped if I go to trial?
13 ANSWERS
Ronald A. Steinberg
Yes, unless you can prove it is inaccurate. Cross exam by your lawyer.
Answered on Feb 12th, 2014 at 2:36 PM
Edwin K. Niles
What trial? Misdemeanor? Civil case? In any event, the report is hearsay, not admissable.
Answered on Feb 10th, 2014 at 11:21 AM
Business Law Attorney serving San Jose, CA
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Law Offices of Christopher W. Dull
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Typically reports are considered hearsay. They may come in as rebuttal evidence to impeach the credibility of the reporting person.
Answered on Feb 07th, 2014 at 8:00 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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An accident report is not admissible in Louisiana, as it's considered hearsay. Typically the police officer investigating the accident would be called at trial to testify live, and so the discrepancy can be raised at that time.
Answered on Feb 07th, 2014 at 2:29 PM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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No. The accident report is not essential to prove the case.
Answered on Feb 07th, 2014 at 2:25 PM
James Eugene Hasser
It can be useful in criminal court, but is not admissible in civil court. Good luck.
Answered on Feb 07th, 2014 at 2:23 PM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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In Florida accident reports can not be used as evidence, but the trooper can use the report to refresh his recollection.
Answered on Feb 07th, 2014 at 2:03 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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No accident report can be used in court.
Answered on Feb 07th, 2014 at 6:03 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No, but it will show that the police officer can and does make mistakes. Get you a good traffic court lawyer.
Answered on Feb 07th, 2014 at 6:03 AM
3 Awards
No, the inaccurate report will not mean that you win. After all, it's just a typographical error. At trial, witness testimony will be used against you, not the report. With that said, there are many other issues that can be raised to defend against charges like this. You should retain an attorney to fight this case for you. We will challenge the state's evidence while simultaneously working to reach an agreement that keeps this off of your record.
Answered on Feb 07th, 2014 at 6:02 AM
Estate Planning Attorney serving Nashville, TN
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Strickland Law, PLLC
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If other party files civil action against you: The police report is generally not admissible at trial, as the officer did not witness the incident.
Answered on Feb 07th, 2014 at 6:02 AM
Thomas Edward Gates
No, the prosecutor will request a continuance so that the officer can testify in person.
Answered on Feb 07th, 2014 at 6:02 AM
The report is not admissible at trial, but the police officer can read from it. At trial of the ticket against you the officer can correct what was written down by him.
Answered on Feb 07th, 2014 at 6:02 AM