Can A Florida Attorney Prove Fault In A Car Accident Case When The Police Report Says Otherwise?
After a Florida car accident results in a personal injury, a police officer will usually come to the accident scene to conduct a preliminary investigation. Then, the police officer will create a police report. Car accident victims and insurance companies rely heavily on police reports when reviewing car accident claims. But what happens if a police report is inaccurate? What if the police report says you are at fault for your accident when the truth is that the other driver is the one to blame for your accident? Can your car accident attorney prove fault on the part of the other driver if the police report says otherwise?
So, can a Florida attorney prove fault in a car accident case when the police report says otherwise? Yes, a Florida attorney can prove fault in a car accident when the police report says otherwise. In other words, if the police report says you are to blame for your accident, but the truth is that the other driver is to blame for your accident, your attorney can help you prove that the other driver is at fault. Police reports do not control the final determination of fault in a car accident case.
Understanding Police Accident Reports
After a car accident results in death or personal injury, a law enforcement officer will be assigned to investigate the accident. Once they complete their investigation, the officer will create a police report as mandated by law. The following is some of the information contained in a police report;
- The date and time of the accident
- The location of the accident
- A description of the vehicles involved in the accident
- The names and addresses of the people involved in the accident
- Witnesses’ names and addresses
- The names of the insurance companies of the parties involved in the accident
- Road and weather conditions at the time of the accident
- Any factors that may have contributed to the accident, in the officer’s opinion
Usually, police reports are not completed at the accident scene. Instead, they are completed some days later.
Police reports are very persuasive as evidence in car accident claims. This is because police officers are impartial third parties and have professional judgment regarding accidents. However, police officers can and do make mistakes.
Proving Fault in a Car Accident Case When the Police Report Says Otherwise
By conducting additional investigation and finding additional evidence, your personal injury attorney can prove fault on the other driver’s part, even if the police report says otherwise. Your attorney can use other pieces of evidence, such as additional pictures, witness testimony, expert testimony, and physical evidence, to prove fault. Your attorney can work to persuade the other driver’s insurance company that their insured is at fault for your accident.
Suppose the insurance company refuses to acknowledge that their insured is at fault. In that case, your attorney can proceed to trial to try and prove your case in front of the court using additional evidence.
Contact Us for Legal Help
If you disagree with the police report that was written for your Florida car accident and need help proving the other driver is at fault for your accident, contact our Tampa personal injury attorneys at The Pendas Law Firm.
The Pendas Law Firm also represents clients in the Jacksonville, Fort Myers, Fort Lauderdale, Miami, Ocala, Orlando, Bradenton, Daytona Beach, and West Palm Beach areas.