In a previous post, I talked about the new law in Philadelphia that says police are not required to arrive at a car accident scene unless there is an immediate medical need. I’ve also talked about the importance of initiating a police report as one of the major tasks to perform after an accident. Today, I’ll tie these two topics together by describing why a police report is a good idea, whether you were the at-fault party or not.
The Police Officer’s Role at the Accident Scene
There are some standard tasks the officer will do when called to an accident scene:
- Call in the need for medical attention (if needed)
- Take pictures of the scene and vehicle damage
- Measure any available skid marks
- Get statements from drivers and witnesses
- Get the cars out of harm’s way
After the scene is cleared, he/she will take all the evidence into consideration and create a report on how the accident happened. This report will likely include the officer’s opinion on who was at fault.
How a Police Report Helps the Accident Victims
The report is a huge asset for anyone involved in an accident and they are deemed not at fault. It is instant leverage during settlement negotiations with insurance companies and the at-fault party’s attorney during a personal injury court case.
It’s important to note, however, that a police report is sometimes not the final say in the fault issue. The at-fault party may try to argue facts in the report, attach their client’s rationale to the report, or make a case for the report to be changed after new evidence comes to light.
How a Police Report Helps the At-Fault Party
This may seem counter-intuitive. After all, why would you want a police report that labels you as the at-fault party?
The main reason is to set the scope of your liability and to document the extent of the damage. It can go a long way toward eliminating fraudulent claims made after the fact. The other party’s attorney and insurance adjuster will often rely on the police report for the basis of their case(s), so you’ll have a good idea of what you’re liable for.
Also, the officer will take pictures of the accident, so the other party won’t be able to exaggerate the extent of the damage.
Police Report Best Practice: Be Cooperative but Careful
No matter your thoughts on the accident’s cause, it’s best to be as factual and as brief as you possibly can when you give your statement for the police report. Extra detail you think is helpful such as, He came out of nowhere, or I swear the light was still yellow. may come back to haunt you. Even the tone you use may be included in the report, which may lead to questions later on. While no one expects you to be happy after an accident, it’s important to remain civil, answer all the officer’s questions, and stick to the facts as closely as you possible can.
If you live in the Philadelphia area and have been involved in a car accident through no fault of your own, my law firm can help you recover fully from any injuries you’ve suffered. Call (267) 627-4JOE (267-627-4563) or visit www.joemitchellattorney.com to schedule your free initial consultation.
