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TogglePolice Reports’ Function in Ascertaining Liability in Automobile Accident Cases
The purpose of a police report on a Miami car accident lawyer is the collection of information to ascertain how the accident occurred and who was at fault. The police report is a powerful tool in determining car accident liability for your accident injuries and damages.
A car accident lawyer can use this impartial, third-party observation of the accident to investigate the wreck. The information contained in the report can provide an account of the wreck, which can help us as we argue liability and negotiate for a fair settlement with insurance companies.
How Do Accident Victims Use a Police Report?
The role of the law enforcement officer in fort myers car accident lawyer cases is data collection and initial investigation. Police reports allow the exchange of information between the parties involved in the accident. It can include information about the parties involved in the wreck as well as their insurance information.
The officer filing the traffic collision report can also include their initial assessment of how the accident occurred. This finding will help you and your personal injury attorney review liability. If you suffered serious injuries, you may be able to file a claim with the liable party’s insurance company.
Your car accident attorney could use the information in a police report to investigate the wreck so they can build a case to establish liability during settlement negotiations.
What Is in a Police Report?
Your car accident police report will contain everything related to the accident that the responding officer identified during their initial investigation. The information in the crash report may include:
- Time and location of the accident
- Participants involved, such as the drivers, passengers, and pedestrians, including their contact information
- Names of insurance companies
- Information about the vehicles involved
- Eyewitness contact information
- Any broken traffic laws and citations issued
- Vehicle and property damage
- Injuries suffered in the accident
- Diagram of the accident
The report may also contain the officer’s opinion on how the accident happened.
How Do You Obtain the Police Report for Your Auto Accident?
The process of obtaining your police report depends upon the department having jurisdiction. Generally, once the report has been filed, you can request a copy. Many departments allow accident victims to request a copy online, but there are others that still require you to pick up a copy in person. In any case, our attorneys can help you obtain copies of police reports if we are representing you in an injury case.
How Inconsistencies in Police Reports Can Affect Your Claim
Although police reports in car accidents contain detailed information on the accident, they generally are not evidence to be used at trial. The police report is primarily used for data collection, and there could be details missing that could affect how your claim is processed.
The police report may not mention the driver’s condition at the time or whether they were on their cell phone. There could even be discrepancies between the parties’ statements that require further investigation.
The insurance companies will conduct their liability accident investigation to corroborate or counter the findings of the police report. They may retrace what the police found, re-interview the people involved and eyewitnesses, and review medical records. They will also collect phone records and video footage of the accident scene if it exists. They will base their decision on your car accident claim upon their investigation.
Laws That May Affect Your Car Accident Claim
Under Florida Statutes § 768.81, anyone found to be 51% or more responsible for their accident and injuries may not recover damages.
Under Florida Statutes § 95.11, you generally have two years to file a lawsuit against the liable party in your car accident.
A liability fort lauderdale car accident lawyer can protect you from an insurance adjuster placing a greater degree of fault upon you and ensure you do not miss any statutory deadlines in your case.
Call the Law Offices of Wolf & Pravato Today
Don’t face the insurance companies on your own. Our fort lauderdale personal injury lawyers will review the police report and conduct our investigation. We will gather evidence of negligence and stand up for your right to fair compensation. You can review your case with our legal team during a free consultation. We also provide representation on a contingency fee basis, meaning you pay nothing unless we win. Call us today at (954) 633-8270 to get started.