Legal Question in Civil Litigation in California
trying to get a collision report allowed as evidence
Recently, I was in an collision, in where, another motorist ran a red light and broadsided me. A witness seen the collision and in her statement on the report said that the other motorist ran the red and hit me. The deputy who did the report only noted her last name. The other party's insurance wouldn't pay until they talk to the witness. But since she can't be found, they refused to pay. Now I'm in a lawsuit (jury trial) to recover damages. I thought that with the witness' statement on the report, I was a sure winner. Then, a friend told me that the collision report cannot be introduced as evidence. Is this true? Is there away around this and or a way have they jury see the report? Please help, thank you.
3 Answers from Attorneys
Re: trying to get a collision report allowed as evidence
This question underscores the danger of trying to handle such matters without an attorney. I don't know at what stage this matter is in at this time. You cannot introduce the police report into evidence to prove the truth of the witnesses statement. You should, though, be able to find the witness. Further, there may be other evidence from which an accident reconstruction expert can deduce facts related to the issue of fault. If you were not injured, and damage to your vehicle is the only issue, you can testify and let the chips fall where they may. If you were significantly injured, you may want to see if you can get an attorney to jump in to help.
If you want to discuss this further, you may call the office.
I am sorry you find youself in this situation.
Re: trying to get a collision report allowed as evidence
Although you may think that we as lawyers blow our own horns when we advise you to hire an attorney. But, that is the reality of life and if you do not hire one you will pay a price at the end of your case, GUARANTEED 99% of the time.
As for the report, you may be able to get that before the trier of fact as an exception to the hearsay rule provided you lay adequate foundation therefor, i.e., through the police who prepared the report or the custodian. But then again, there are numerous obstacles ahead of you since the statements of the witness within the report are hearsay and the defense has absolute right to cross-examine an adverse witness. There are some hearsay exceptions that might be applicable but your case MUST be handled by a competent attorney. Call your lawyer or call me for a free consultation (323)782-0099.
Good luck, and next time you see a ballot measure regarding insurance carrier responsibility regulation, vote for it.
Re: trying to get a collision report allowed as evidence
Contact the officer(s) who investigated the accident and see what he remembers or what is in his notes. Next get an attorney. You are no match for the insurance co and their attorneys.
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