If you experience a car wreck, it might shake you up. You may have a physical injury afterward that sidelines you for some time. You might have no physical impact, but you’ll have a hard time coming back due to nerves. You might fear that someone else will plow into you the next time you get back out on the road.
If you decide to sue the other driver following a car accident, then you will need to find yourself a skilled personal injury lawyer who handles these types of cases. They can collect evidence that they can use at your trial, if the lawsuit ever gets that far. Often, such lawsuits find resolution through a settlement before seeing the inside of a courtroom.
Something like a car accident report can help your lawsuit in many instances. If you think about why car accident reports are essential for your case, it usually becomes obvious fairly quickly.
In this article, we will talk about these reports. We’ll discuss who takes them, what they often contain, and how you can use one if you have an upcoming lawsuit following a serious car wreck.
Who Takes a Car Accident Report?
Let’s envision a scenario for a moment. You’re driving along with optimal weather conditions. Maybe you’re on your way to work or the grocery store.
You have a light in your favor at an intersection. You press the gas to accelerate. In the middle of the intersection, a car slams into you on the righthand side, pushing you into a fire hydrant. The crash injures you severely.
These kinds of T-bone car wrecks often occur when someone tries to make it through a yellow light before it changes. They can also happen if you have a distracted or a drunk driver.
In the aftermath, you decide that you will sue the other driver. You feel justified, since you have some medical bills piling up and you’re missing work for months as well.
You may also feel that you should collect some additional compensation since you have pain and suffering. The court system calls these noneconomic damages.
The police will show up at the time of the accident to take a report. Usually, the cops that arrive patrol that area. They will get a call on the radio telling them about the accident, and they will get there as quickly as they can.
They will have a form to fill out. They will question both you and the other driver to get the information they need.
What Does a Car Accident Report Contain?
No two car accident reports look exactly alike. However, they usually contain very similar information. At a minimum, they will feature your name and the other driver’s name. They will contain your license plate number and theirs.
They will contain your car insurance info, assuming you have an insurance policy. They will mention the other driver’s insurance company’s name as well.
They might also feature various other kinds of information. Usually, the police will report any information they consider relevant at the scene. They know that in some instances an individual might use this report as part of a lawsuit, so they will fill out the report in such a way that it’s easy for a layperson to read, without any inscrutable police jargon.
The report might mention the weather conditions. It will mention the time of day when the crash occurred. It may state the position of the vehicles when the police arrived.
It will certainly mention any injuries the police saw when they got there. If either driver left the scene of the accident, the report will say that. It will also mention if the police administered a breathalyzer test and the test’s outcome.
How Can You Use a Car Accident Report During Your Personal Injury Lawsuit?
If you bring a lawsuit against the other driver, then you and your lawyer will get that report and scrutinize it. You might have a copy the police gave you at the scene. If they didn’t give you a copy, or you lost it, you can ask the police for another copy, and they must legally comply.
Maybe you’re alleging the other driver drank alcohol before they drove. If they other driver says something different, you can use the police report to show that they failed the breathalyzer test.
If they left the scene of the accident, but they claim they didn’t, the police report will show that as well. Maybe they’re saying they couldn’t see the traffic light very clearly because of fog or heavy rain. The police report can disprove that if it says the accident occurred on a bright, sunny day.
If the other driver says that they couldn’t see the traffic light because they had the sun in their eyes, the police report might state the accident occurred on a cloudy day. The police report might also talk about the orientation of your car and the other driver’s vehicle when the cops arrived. That might dispute what the other driver says happened.
The Car Accident Report Can Force a Settlement Offer
In many instances, you and your personal injury lawyer can use the car accident report to force a settlement offer from the defendant. Even if they don’t want to settle, their legal counsel might say they have little choice.
During the discovery phase of the trial, if the defendant’s lawyer says they find the car accident report particularly damning, they may suggest a settlement amount the defendant can extend to you.
You might take that amount, or you may go to trial instead if you don’t think it’s enough. If the defendant refuses to settle, and you go to trial, the car accident report might become crucial evidence that establishes you’re telling the truth about the crash.
If so, you might get a jury’s verdict in your favor. You may also force a larger settlement offer.
