Emanuel Law Group

Call Today for a Free Initial Consultation
(800) 308-0870

San Mateo (650) 369-8900
San Francisco (415) 399-1112
San Jose (408) 943-8833

Llame hoy para una Consulta Inicial Gratuita
(800) 308-0870

Oficina de San Mateo (650) 369-8900
Oficina de San Francisco (415) 399-1112
Oficina de San Jose (408) 943-8833
  • Home
  • Our Bay Area Injury Attorneys
    • Todd P. Emanuel
    • Pamela E. Glazner
    • Deirdre O’Reilly Marblestone, Of Counsel
  • Practice Areas
    • Bay Area Sexual Assault and Abuse Lawyers
    • Wrongful Death
    • Accidents
      • Auto Accidents
      • Bay Area Motorcycle Accident Lawyers
      • Bay Area Big Rig Truck Accidents
      • Bay Area Commercial Vehicle Accidents
      • Bay Area Public Transportation Accidents
      • Bay Area Bicycle Accident Lawyers
      • Bay Area Pedestrian Accident Lawyers
    • Catastrophic Injuries
    • Bay Area Uninsured / Underinsured Motorist Lawyers
    • Brain Injury/Concussion
    • Bay Area Spinal Cord Injuries
    • Bay Area Drunk Driving Accident Lawyers
    • Bay Area Domestic Violence Lawyers
    • Bay Area Dog Bite Injury Lawyers
  • Results
  • Blog
  • Testimonials
  • Contact
    • San Mateo Office
    • San Francisco Office
    • San Jose Office
  • Español
  • Áreas de Práctica
    • Abogados De Heridas Personales Del Área De La Bahía
  • Descripción De La Firma
    • Todd P. Emanuel
    • Deirdre O’Reilly Marblestone
    • Gary Simms, Of Counsel
  • English
Home » Blog » Police reports and comparative negligence

Police reports and comparative negligence

Todd P. Emanuel March 17, 2016 Leave a Comment

If a police report says that you are partially or completely at fault in a car accident, that doesn’t mean your case is lost. This is true for two reasons.

First, California is a comparative fault state. So, if you are found partially at fault, your percentage of fault needs to be established, either by a fact finder like a jury, or agreed upon by the parties in the accident.

The second reason is that a police officer’s conclusion or opinions stated in a police report or traffic report does not defeat your opportunity to sue because police reports are not admissible in court. I have seen many cases where the officers’ conclusion was wrong, either because the officer did not do a thorough, complete investigation, or because the officer misinterpreted the evidence.   Generally, an officer’s ultimate opinion as to who is at fault is not allowed in court.

Police reports, otherwise known as traffic collision reports, are very valuable documents in that they usually accurately describe the date, time and place where the incident occurred. These reports also identify names of parties and witnesses, and they usually have statements that are attributed to various people who are interviewed.

Sometimes a police report can be a useful tool of persuasion, using the information contained in the police report to reach a better, more accurate conclusion that favors my client.  When the information contained in a police report is against my client, we must show our adversaries that we have done additional investigation that has yielded evidence that demands a conclusion contrary to the officer’s conclusion.  Always remember that a conclusion contained in a police report is not the word of God. The police report simply gives me data points and identifies evidence, so that, on behalf of my client, I can form the appropriate arguments and conclusions, and determine what additional investigation needs to be conducted.

If I disagree with an officers’ conclusion in a police report, I will normally write a letter to the insurance claims adjuster and/or to opposing council and site the law to them that clearly states that these sorts of opinions and conclusions are not admissible in court, and I will explain to them my theory or theories of liability and the supporting evidence.

When you are meeting with a personal injury lawyer about your case, try to bring the police report if there was one made at the scene, knowing that anything the police may have written on the report will be subject to interpretation and clarification as more evidence is found.

Filed Under: Calculating Damages, Car Accidents, Comparative Negligence, Economic Damages, Injury Settlements, Personal Injury Lawsuits, Police Reports, Vehicle Accidents Tagged With: Comparitive Negligence

Join the Conversation

Your email address will not be published. Required fields are marked *

Contact Us Today

  • This field is for validation purposes and should be left unchanged.

Contacta con nosotros hoy

  • This field is for validation purposes and should be left unchanged.

Connect With Us

    

SIGN UP FOR OUR NEWSLETTER

Recent Blog Posts

  • Amid National Abortion Rights Battle, California Expands Legal Remedies for Violations of Reproductive Autonomy
  • AB 1455 (Wicks) – REQUEST FOR SIGNATURE
  • Wrongful Death Litigation Frequently Asked Questions
  • When Can You Sue Your Employer For a Work Injury?
  • What Happens in a Wrongful Death Lawsuit?

Office Locations

Ubicaciones de Oficinas

San Mateo Office

411 Borel Avenue, Suite 425
San Mateo, CA 94402
(800) 308-0870 Main
(650) 369-8900 Ext. 1015

Oficina de San Mateo

411 Borel Avenue, Suite 425
San Mateo, CA 94402
(800) 308-0870 Principal
(650) 369-8900 Ext. 1015

San Francisco Office

505 Montgomery St, 11th Floor
San Francisco, CA 94111
(415) 399-1112

Oficina de San Francisco

505 Montgomery St, 11th Floor
San Francisco, CA 94111
(415) 399-1112

San Jose Office

2880 Zanker Rd, #203
San Jose, CA 95134
(408) 943-8833

Oficina de San Jose

2880 Zanker Rd, #203
San Jose, CA 95134
(408) 943-8833

©2022 Emanuel Law Group. All Rights Reserved. Disclaimer | Privacy Policy
Sign Up for Our Newsletter!