John was driving home from work when suddenly, a car ran a red light and crashed into the side of his vehicle. Shocked and in pain, John called 911. The responding police officer arrived, investigated the accident, and prepared a detailed report. Little did John know that this police report would become a crucial piece of evidence in his car accident claim, helping him secure the compensation he deserved for his injuries and damages. The guy who hit him initially told his insurance company that John was the one who caused the wreck.
Police Reports in Car Accident Cases
What is a police report, and why is it important in a car accident case?
This might sound obvious, but most people have never reviewed a car accident report. It’s an official document prepared by the responding law enforcement officer that contains key details about the car accident. It serves as valuable evidence in your case, providing an unbiased account of the event from an official source. The report can help you prove fault, identify witnesses, and document traffic violations, which can be crucial in obtaining the compensation you deserve.
What information is typically included in a police report?
A police report typically includes the following information:
- Date, time, and location of the accident
- Names, addresses, and contact information of the parties involved
- Driver’s license and insurance information of the parties involved
- Description of the vehicles involved, including make, model, and license plate numbers
- Statements from the parties involved and any witnesses
- Diagram or sketch of the accident scene
- Officer’s observations and assessment of fault
How can a police report impact your car accident claim?
A police report can significantly impact your car accident claim by:
- Providing an official record of the accident
- Supporting your version of events
- Identifying potential witnesses
- Documenting any traffic violations or citations issued
- Assisting insurance companies in determining fault and liability
For example, if the police report indicates that the other driver was cited for running a red light, this can be strong evidence in support of your claim and help you obtain a higher settlement from the insurance company.
Obtaining a Police Report After an Oklahoma City Car Accident
When should you call the police after a car accident in Oklahoma City?
In Oklahoma City, you should call the police after a car accident if:
- There are injuries or fatalities
- The accident caused significant property damage
- The accident is blocking traffic or poses a safety hazard
- You suspect the other driver is under the influence of drugs or alcohol
- The other driver does not have a valid driver’s license or insurance
How long does it take for a police report to be available after an accident, and what will it cost?
In most cases, a police report will be available within a few days to a week after the accident. However, the specific timeframe may vary depending on the complexity of the accident and the workload of the police department. However, an Oklahoma Highway Patrol Officer is allowed up to 30 days to file the report with DPS, or within 20 days if a death occurs.
- OHP charges $7 for a report and $10 for a certified copy.
- Oklahoma City Police Department charges a $4 fee plus 25 cents per page.
What steps do you need to take to obtain a copy of the police report?
To obtain a copy of the police report, you can:
- Contact the responding law enforcement agency and request a copy of the report
- Provide the required information, such as the date, time, and location of the accident, as well as the names of the parties involved
- Pay any applicable fees for obtaining the report
- Receive the report in person, by mail, or electronically, depending on the agency’s procedures
Admissibility of Police Reports as Evidence in Oklahoma Courts
Can a police report be used as evidence in court?
In most cases, the accident report is not admissible in court. The police officer didn’t witness the wreck, so the statements are “hearsay.” There are a few exceptions:
- Relevance and Admissibility of Evidence: The Oklahoma Supreme Court has emphasized the trial court’s role as a gatekeeper in admitting or excluding evidence based on its relevance and reliability. All relevant evidence is admissible unless its probative value is substantially outweighed by the danger of unfair prejudice or other factors (Miller v. Ameristate Bank of Atoka, Inc., 2013 OK Civ. App. 102). Nearly every judge will rule that admitting the accident report into evidence is unfair to the defendant.
- Public Records and Reports: In Hadley v. Ross, the Supreme Court of Oklahoma discussed the admissibility of public records, indicating that records of primary facts made by a public officer in the performance of official duty may be competent prima facie evidence of the existence of such facts. However, expressions of opinion or conclusions in such records are not admissible [Hadley v. Ross, 1945, Okla., 195 Okla. 89].
- Use of Reports in Civil Actions: The case of In re Barger dealt with the admissibility of evidence from a medical examiner’s report in civil actions, finding that certain reports and findings could be admissible under specific circumstances [In re Barger, 1969, Okla., 450 P.2d 503]. While this case does not directly address car accident reports, it illustrates the nuanced approach Oklahoma courts may take regarding the admissibility of official reports in civil proceedings.
The Importance of Working with an Experienced Car Accident Attorney
How can an attorney help you interpret and utilize the police report in your case?
An experienced car accident attorney can help you interpret and utilize the police report by:
- Reviewing the report for accuracy and completeness
- Identifying key evidence and information that supports your claim
- Using the report to establish a timeline of events and document the accident
- Supplementing the report with additional evidence, such as witness statements and medical records
More importantly, if something is incorrect on the report, your attorney can interview the police officer to confirm (and/or change the report) what happened at the accident scene.
What other evidence can an attorney gather to strengthen your car accident claim?
In addition to the police report, an attorney can gather other evidence to strengthen your car accident claim, such as:
- Medical records and bills documenting your injuries and treatment
- Witness statements corroborating your version of events
- Photographs and video footage of the accident scene and vehicle damage
- Expert testimony from accident reconstruction specialists or medical professionals
How can an attorney protect your rights and help you seek fair compensation?
An experienced car accident attorney can protect your rights and help you seek fair compensation by:
- Advising you on your legal options and the merits of your case
- Handling communication with insurance companies and other parties involved
- Negotiating a fair settlement on your behalf
- Representing you in court if necessary to ensure you receive the compensation you deserve
If you have been involved in a car accident in Oklahoma City, don’t hesitate to contact an experienced car accident attorney who can help you navigate the legal process and fight for the compensation you deserve.
Car Accident Report FAQs
What should I do if the police report contains inaccurate information?
If you believe the police report contains inaccurate information, you should contact the responding law enforcement agency and request an amendment to the report. You will likely need to talk with the officer and provide evidence supporting your claim, such as witness statements, photographs, or video footage.
How long do I have to file a car accident claim in Oklahoma?
In Oklahoma, the statute of limitations for filing a car accident claim is two years from the date of the accident. This means that you have two years from the date of the accident to file a lawsuit against the at-fault party. If you fail to file within this timeframe, you may lose your right to seek compensation for your injuries and damages.
What types of damages can I recover in a car accident case?
In a car accident case, you may be able to recover various types of damages, including:
- Medical expenses: This includes the cost of hospitalization, surgery, medication, rehabilitation, and any future medical treatment related to your injuries.
- Lost wages: If your injuries prevent you from working, you can recover compensation for the income you lost during your recovery period.
- Pain and suffering: You may be entitled to compensation for the physical pain and emotional distress caused by the accident and your injuries.
- Property damage: You can seek reimbursement for the cost of repairing or replacing your vehicle and any other personal property damaged in the accident.
- Punitive damages: In rare cases involving gross negligence or intentional misconduct, you may be awarded punitive damages to punish the at-fault party and deter similar behavior in the future.
How much does it cost to hire a car accident attorney?
Most car accident attorneys work on a contingency fee basis, which means they only get paid if they successfully recover compensation for you. Under this arrangement, the attorney typically receives a percentage of the settlement or award, usually ranging from 33% to 40%. This allows you to obtain legal representation without having to pay upfront fees, making it more accessible for those who may not have the financial means to hire an attorney otherwise.
What are the benefits of working with a car accident attorney?
Working with a car accident attorney can provide numerous benefits, including:
- Knowledge and experience: Car accident attorneys have the knowledge and experience necessary to navigate the complex legal system and build a strong case on your behalf.
- Objectivity: An attorney can objectively assess your case and help you make informed decisions throughout the legal process.
- Negotiation skills: Attorneys are skilled negotiators who can communicate effectively with insurance companies and other parties to secure a fair settlement for you.
- Access to resources: Car accident attorneys have access to a network of resources, including medical experts, accident reconstruction specialists, and investigators, who can help strengthen your case.
- Peace of mind: By handling the legal aspects of your case, an attorney can allow you to focus on your recovery and provide peace of mind during a challenging time.