Police Reports In Personal Injury Claims

In this article, you can discover:

• The role of police reports as evidence in North Carolina personal injury claims.
• The importance of police report details for your trial strategy.
• Why citations in car accidents do not directly assign fault in injury cases.

Can A Police Report Be Used As Evidence In A Personal Injury Claim From A Car Wreck?

Yes, in North Carolina, courts recognize accident reports as admissible evidence, particularly under the hearsay exception for business records when properly authenticated, as per Rule 803(6) – Records of Regularly Conducted Activity.

Notably, two landmark cases, Wentz v. Unifi, Inc. (1988) and Fisher v. Thompson (1981), have established the admissibility of police reports. Moreover, police reports also qualify under Rule 803(8), which pertains to public records and reports, due to their status as public records of police units.

However, it’s important to consider the potential arguments for their exclusion under hearsay rules. North Carolina General Statute 20-166.1E mandates that police officers must complete a specific form to document an accident within 24 hours and submit it to the appropriate departments, further supporting their admissibility under Rule 803(6).

What Details Or Information Will My Personal Injury Attorney Be Looking For In A Police Report For My Car Wreck?

An attorney scrutinizes a police report for various critical details. This includes identifying at-fault parties as perceived by the officer, listing witnesses, and noting the facts and evidence related to the accident. Understanding both the explicit and implicit information in the report is vital for a thorough investigation. This is necessary to establish fault and prepare for a potential personal injury trial.

Quick action post-accident is crucial for evidence gathering, as the injured party bears the burden of proof. Additionally, police reports follow a standardized form (DMV 349) issued by the Department of Motor Vehicles. Familiarity with this form and the DMV code sheet, which helps decipher the officer’s codes and notations, is crucial for anyone analyzing these reports. (attach the form sent over)

If The Other Driver In The Car Wreck Is Cited, Does That Automatically Make Them At Fault In The Personal Injury Case?

The other driver is not automatically at fault, even if they are cited. A citation indicates the officer’s belief that the cited party is at fault, which can influence the insurance carrier’s assessment of the claim. In North Carolina, the at fault driver must be 100% at fault to be held responsible for the crash. . If the cited driver pleads guilty, this may be interpreted as an admission of fault.

Conversely, a citation against the injured party is problematic in North Carolina, a contributory negligence state. This legal doctrine can completely bar recovery if the injured party is found even partially at fault. Therefore, immediate legal consultation is advised in such situations. There are exceptions to the rule of contributory negligence, and an experienced attorney can navigate these complexities.

How Much Is My Car Accident Claim Worth?

The value of a car accident claim cannot be precisely calculated using an online tool or formula. Determining a claim’s worth involves a comprehensive evaluation of various factors, including medical bills, lost wages, the severity and duration of injuries, any resulting disfigurement or scarring, and property damage.

Pain and suffering are also key considerations in this assessment. Therefore, it is impossible for an attorney to provide an accurate estimate of a claim’s value after just one conversation, as it requires a detailed analysis of all these elements.

For more information on Car Wreck Injury Claims In North Carolina, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (833) 444-4127 today.