Getting all relevant evidence admitted in your lawsuit, including a police report, is important for your financial recovery after an accident due to negligence.
Police reports may be admissible in Georgia under an exception to the hearsay rule for public records containing officers’ personal observations or impressions. Any information an officer could testify to in court may be admissible, and our lawyers can anticipate any attempts to block the report’s introduction during your case. Getting the police report immediately after an accident is crucial so our lawyers have enough time to gauge its admissibility and confirm its accuracy. While alone, a police report may not prove liability, when admitted alongside other evidence, like accident reconstruction expert testimony, medical records, and eyewitness statements, can help victims meet the standard of proof for injury claims in Georgia.
Call Rice, Murtha & Psoras at (470) 287-3070 for a free case review from our Georgia personal injury lawyers.
When Are Police Reports Admissible in Georgia Injury Cases?
Police accident reports may be admissible in injury cases under an exception to the hearsay rule found under O.C.G.A. § 24-8-803(8), which allows matters observed by police officers and factual findings from investigations to be evidence in compensation claims. This exception covers statements or information personally observed by law enforcement, like property damage, the victim’s visible injuries, debris on the road, and the negligent driver’s general demeanor.
Information officers learn through witnesses would not be admissible, as it would be hearsay within the report. For example, suppose a witness tells the officer that they saw the other driver speeding. That would be hearsay and inadmissible in a trial. If the driver, instead, admits speeding to the police, that would be admissible because you can use the opposing party’s statements against them.
The same logic barring hearsay within the report typically applies to virtually any eyewitness statements or impressions that the officer might construct their narrative out of. If officers mention eyewitnesses in the report, our Atlanta, GA personal injury lawyers may contact them ourselves to interview them and take depositions. In a deposition or in live, in court testimony, their statements about what they observed would be admissible.
Is it Hard to Get Police Reports Admitted as Evidence in Injury Cases?
Negligent parties might fight to prevent police reports from being admitted as evidence in injury cases, as these documents might help prove their liability for a victim’s damages.
Because Georgia’s hearsay exception for public documents concerns an officer’s personal observations, the officer who completed your accident report must be prepared to testify in court to the same information they included in the document. When we initially obtain and review the accident report, we can gauge whether we should introduce it as evidence in your claim based on its contents. If so, we can inform the reporting officer about your upcoming case and them potentially being deposed and having to testify.
While defendants may challenge the admissibility of a police report, our lawyers can cite why and how it qualifies as an exception to the hearsay rule. Before doing this, we can review the report with you to ensure its accuracy, as errors could harm your case, especially if an inaccurate report gets introduced.
Is an Admissible Police Report Enough to Win an Injury Claim in Georgia?
Though getting a police report admitted as evidence is not enough to prove liability, our lawyers can use it when building the foundation of your case, especially concerning eyewitness interviews and accident reconstruction. Admissible police reports can also help prove causation, as officers may note their impressions of the victim’s injuries, which we can confirm with subsequent medical records.
Accident Reconstruction
After car accidents specifically, crash reconstruction experts can work in reverse, reviewing leftover evidence to ascertain a collision’s cause. Experts may need various evidence to accomplish this, including accident reports, which may note skid marks on the road, the point of impact, and potential contributing factors, like bad weather or road conditions. Admissible police reports can help solidify an expert’s testimony, especially if their impressions align with an officer’s. To further aid with accident reconstruction efforts, victims can photograph crash sites immediately afterward before first responders clean up debris.
Eyewitness Statements
The police report can inform us of anyone who witnessed the accident. While victims may talk to witnesses at the scene and request their contact information, many are too injured or upset to do so. The resulting accident report is a valuable resource for our lawyers, helping us collect additional evidence in the form of eyewitness statements.
Needing to preserve eyewitness statements is one of the reasons why our lawyers may obtain accident reports as soon as possible. The more time between an accident and eyewitness interviews, the less detail victims may recall about the incident and the defendant’s negligence.
Medical Records
Police officers may witness victims’ injuries first-hand, and, as mentioned, the observations they make in accident reports may be admissible under an exception to Georgia’s hearsay rule. When speaking with officers at the scene, be honest about your injuries, pain, or discomfort, and do not deny care from medical first responders.
Combined with your medical records from paramedics, emergency room doctors, and specialists, an officer’s observations of your immediate injuries can help prove causation. This is an essential element of personal injury claims and is the link between the defendant’s actions and the victim’s injuries. The police report can confirm you were injured at the scene, and your subsequent medical records can specify your exact injuries and required care. In addition to your medical records, our lawyers can track your medical bills, as they might make up the bulk of your damages from an accident.
Call Our Injury Attorneys for Help with Your Case in Georgia
Call Rice, Murtha & Psoras at (470) 287-3070 for a free case discussion with our Augusta, GA personal injury lawyers.