Following a truck accident, most drivers of passenger cars will blame the driver of the truck. Furthermore,
assumptions may be made in that the police officer will validate this opinion and include it in their written report. However, this is not always the case, but it may impact the tractor trailer accident claim.
A police report can be a valuable item for your truck accident personal injury lawsuit. However, the value and impact of the police report on your truck accident claim could be helpful or adverse to your interests in pursuing a legal claim for damages.
Thus, you should know a few things before seeking to use a police report in your truck accident case, including but not limited to the following:
1. A police report is not always accurate and reliable.
2. The officer who wrote the report cannot always answer questions about what was written in the report or the events surrounding the incident in question.
3. The police officer who authored the report may have been influenced by the truck driver or other witnesses with whom he or she spoke to first, which influences might be biased.
4. The police officer may be biased or unduly influenced by their initial impressions upon coming upon the scene, which might not accurately reflect what actually happened in accident.
5. The police officer may infer facts that are untrue or even grossly inaccurate about how the accident transpired.
Alternatively, the police accident report could be greatly helpful in your truck accident claim, where the officer concludes that the truck driver was at fault and assigns specific assessments as to the negligent conduct of the truck driver that caused the accident.
Overall, the police report can be used to determine liability and damages in your truck accident claim if it contains information about how the accident occurred, who was at fault and why, what happened to each driver involved in the incident, and how they were injured. It may also document other pertinent facts about the weather and traffic conditions, traffic patterns, location, time of day, driver state of mind and physical characteristics. It might also document traffic signals and the state of the truck’s safety equipment.
If you’re wondering if a police report is needed for your accident case, you should consult with a top WV truck accident attorney.
Police officers have a number of different jobs. One of these is to protect the people, and naturally, these law enforcement personnel may be more concerned about preventing crimes rather than spending a lot of time on traffic accidents which may result in civil matters. This kind of thinking, although understandable, has the potential to cause a police report to lack details or be inaccurate. If this happens, and your lawyer is largely dependent on the the report for one reason or another, problems could arise.
Even if your police report is accurate, your truck accident claim lawyer may require information that is not contained in the report. The reason for this is that a police officer is not going to ensure the report has enough details for a civil lawsuit, but rather must only include his or her opinion of what happened based upon witness testimony, the drivers’ testimony, what they can observe at the scene, and measurements.
The police report might also include the officer’s opinion of who may have been at fault, or what was the cause of the accident. Insurance companies will review a copy of the report, but it will not be the sole document assessed before determining liability or paying a victim compensation in a truck accident claim.
If you were involved in a truck accident and believe the police report is misleading, inaccurate, or biased, it is prudent that you take the time to get advice from a competent truck accident lawyer. This ensures you get a fair chance at fighting back against the possible inaccuracies or lack of information contained in the police report of the crash.
Regardless of what happened, or who might be to blame, you need a competent West Virginia truck accident claims attorney, who has the experience and know how to proceed with your case and is ready to listen. If you or a loved one were injured in a tractor trailer accident in West Virginia, contact us today to schedule your free initial consultation and get an appointment with a Morgantown, WV truck accident lawyer – call (304) 381-2166 or click on the contact button to start a conversation with us about how we can help you with your WV truck accident claim.