Using Police Reports After a Car Accident
Seasoned Personal Injury Attorneys Assisting Massachusetts Injury Victims
Using Police Reports After a Car Accident
In general, a police report contains key information like a statement from each driver, a narrative of events based on the officer’s investigation and conclusion, a list of injuries, and a list of vehicle damage. It also contains diagrams, photos, current weather and road conditions at the time of the crash, and whether any traffic citations were issued. Regardless of how severe your Massachusetts car accident may be, it is important to notify the police immediately after the accident so that they can investigate the accident and prepare a report. At the very least, this report will allow you to make a claim with your auto insurance company for repairs to any damage to your vehicle. If you need to make a claim against the at-fault driver’s auto insurance provider then you will also be required to provide a police report to back up your claim.
Using a police report after a car accident can also come into play in a civil claim that you file against the at-fault driver. If there is an issue in your case about whether the defendant’s conduct was the primary cause of the crash, then the police report can help determine the sequence of events and whether some other factor may have been to blame, such as severe weather or a roadway condition. If you retain an accident reconstructionist expert to help you support your claim, he or she will also refer to the police report’s narrative and map to help recreate the accident. The report can also help you support the injuries that you claim in the accident. Certain types of accidents like rear-end collisions can lead to common injuries such as whiplash. Finally, if the police report shows that the defendant violated any traffic laws, this can be used as evidence to help support your allegation that the defendant acted negligently.
Seeking Compensation from a Negligent Driver
In a civil claim, the plaintiff must show that the defendant failed to use the same ordinary care and skill that a prudent driver would use when faced with a similar situation and that this failure was the direct cause of his or her injuries. The standard of care that applies to operating a motor vehicle varies depending on the roadway conditions present at the time of the crash, but it generally requires drivers to be attentive, cautious, and to abide by traffic laws. This means refraining from distracted, drunk, or aggressive driving and reducing a car’s speed depending on the weather and road conditions. A police report can help you establish whether the defendant failed to drive according to this standard and whether the negligent conduct was the direct and foreseeable cause of your injuries.
If you are successful in showing that the defendant’s negligence caused your injuries, then you can claim compensation for a number of damages including past and future medical expenses, reduced earning capacity, missed paychecks, future assisted living support, physical therapy, and the loss of the enjoyment of life.
Meet With a Massachusetts Lawyer
The attorneys of The Law Offices of Barry Feinstein & Affiliates P.C. are available to serve clients in areas around Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, and Peabody. We have seen firsthand how overwhelming a car accident can be for the victim and his or her loved ones. While you are focusing on rehabilitating your injuries, we will ensure that your claim is handled properly and that the appropriate evidence is gathered on your behalf. To schedule a free consultation, call our office at 800.262.9200 or contact us online.