Can I Use The Police Accident Report To Prove My Case?

by Friedman & Ranzenhofer, PC on April 13, 2012

in Buffalo Car Accidents

Most Buffalo car accidents investigated by the police result in a document known as a Police Accident Report (Form MV-104A) being completed by the investigating officer.  This document sets forth basic information relevant to the auto accident such as the names and addresses of the individuals involved, how the accident occurred, and whether there were any injuries reported.

While it often would be helpful to be able to use this document as evidence regarding how the accident occurred, it is usually not admissible in a personal injury trial.  This is because much of the information on it is derived from the police officer’s conversations with the drivers and eyewitnesses regarding what led to the collision, not the officer’s direct observation.  This second hand information is considered hearsay.

Your personal injury attorney, however, may still like to have a copy of the Police Accident Report when preparing your case.  Although not admissible as evidence, it still contains useful information such as the names of witnesses that can be used in preparing your case.

If you have suffered a personal injury in a car accident, we would be happy to help you.  Please call us at 716-542-5444.

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