Personal injury cases may be filed for a vast array of reasons. Many cases stem from accidents that are investigated by the police, and an official police report may explain important details of the accident and your injuries. While the report might contain useful details, they are usually not admissible as evidence in the courtroom, barring very special circumstances.
Police reports are usually inadmissible as evidence in a civil injury case because they violate the rule against hearsay evidence. Police reports are typically based on second-hand information gathered by the authorities during an investigation. While police reports may contain very important details, they cannot be used as evidence in the courtroom. Even so, we should get a copy of the police report to review for information we might not already have, including the names of witnesses interviewed by the police. Under special circumstances, police reports might be admissible in court, but this is not common and should be discussed with your attorney.
Speak to our South Carolina personal injury attorneys to get a free, private case review by calling Rice Law at (803) 219-4906.
Admissibility of Police Reports in Injury Cases
Police reports can be helpful to plaintiffs filing personal injury claims, but they often do not fit the requirements of admissible evidence.
According to S.C. Code Ann. § 56-5-1290, police reports are not admissible as evidence of negligence in an injury case. However, if a police officer who responded to the accident or injury testifies in the case, they may use the police report as a reference when testifying.
Police reports are inadmissible because they violate the rule against hearsay. Under the South Carolina Rules of Evidence § 802, hearsay evidence may not be admitted into court, barring special conditions.
Hearsay evidence is defined under Rule § 801(c). Hearsay evidence consists of statements made by someone other than the person testifying at a trial, offered in evidence to prove the truth of the issue asserted. Essentially, anything that is not first-hand, personal knowledge may be considered hearsay.
Police reports are often compiled based on second-hand information gathered by the police officer from people who were present during the accident or have other personal knowledge about the case.
Should I Get a Copy of the Police Report for My South Carolina Injury Case?
Even if we are unsure of the role a police report might play in your case, our South Carolina personal injury attorneys should still get a copy as soon as possible.
The report can help us understand more about your accident. If the police investigated, the report should explain what they uncovered, and this information may help us determine the best way to approach your case.
It is possible that the police uncovered valuable evidence. Even if we cannot use the report itself as evidence, we can use the report to find admissible evidence discovered by the authorities. Even if the report does not contain new evidence, it might contain details that will inform our approach to the case and the legal strategies we use.
Possible Exceptions to the Rule Against Police Reports in Injury Cases
While police reports are generally inadmissible as evidence because of the rule against hearsay, there are numerous exceptions to the hearsay rule, and the report might be used in court.
Police officers who responded to the accident scene or were otherwise connected to the case may be called to testify, and they are allowed to reference the police report during their testimony. This exception may only come up if a police officer testifies, not other witnesses.
If a witness made a statement to the police that is contained in the police report, but they say something different while testifying in court about the same subject matter, we can use the report to impeach them. This may be especially important when the witness is testifying on behalf of the defense.
Are Police Reports Always Necessary for Injury Cases?
Police reports can be useful if they are available, but they might not be completely necessary in every case. While we should obtain a copy of the report for your case if there is one, we may or may not end up needing it.
If the circumstances surrounding your accident warrant a police investigation, it is a good idea to get a copy of the report. Even if we do not need the report in court, we can still review it for useful information. The results of the investigation might shed new light on the situation.
However, police reports are not always necessary. Many accidents are very straightforward, and the police do not really need to conduct a thorough investigation. As such, if there is a police report, it likely would not contain any information that we do not already know.
Can I File an Injury Case if There is No Police Report?
Not every accident and injury is reported to the police, nor do they all need to be. For example, if you slipped and fell in a grocery store, you could sue the store for your injuries, but you probably would not call the police about it.
Some accidents are very clearly accidents, and the people involved do not feel the need to involve the police. Many others do not report accidents to the police because they do not realize the severity of their injuries until later.
If you did not report the accident and your injury to the police, tell your attorney why. You might have a reasonable explanation that we can assert if the defense tries to undermine your claims by pointing out the lack of a police report.
Speak to Our South Carolina Personal Injury Attorneys About Your Case Now
Speak to our Columbia, SC personal injury attorneys to get a free, private case review by calling Rice Law at (803) 219-4906.