Introduction: Police report is against you. Now what? In the past sixteen years, we have experienced that the quality of traffic accidents has declined steadily, so many injured people are injured due to a bad or incomplete police report. The reasons for this are: government budgets, lack of police training, and lack of engagement in investigating total casualties. Certain major police officers are not only capable of investigating a complicated catastrophe car, truck, pedestrian injury or death.
If the police report is against your client, the policyholder does not intend to make a reasonable settlement bid. As a result, the case can be difficult to solve in a positive way for the injured client. A law should be sought and witnesses, drivers and investigative police officers must be dismissed to refute the conclusion of the police report. If the facts can be elaborated, the lawyer's duty is to present the insurance license, the judge or the jury to the police officer's judgment.
Following the unpacking of issues related to the upsurge in unfavorable police reports, we discuss the following topics:
. What is the Traffic Collision Report?
B. Was there a copy of the traffic collision report?
C. Is the primary reporting officer eligible for the hearing?
Q. Do you have a copy of the Police Report on Testimonials in a Trial acceptable form?
E. The opinion of the primary reporting officer is incorrect
. What is the Traffic Collision Report?
Traffic congestion report or CHP 555 is the most important reporting tool for most California police detectives. Its purpose is to meet traffic crash information for all users' basic data needs.
The box on page 2 of CHP 555 identifies the primary collision factor. The primary collision factor is determined by CHP; " PRIMARY COLLISION FACTOR Choose an element or a management action that best describes the primary or main cause of the collision and, whenever possible, is a violation of a Vehicle Code (VC)."
The term "other associate factor" is defined by CHP; " OTHER RELATED FACTORS (S) If the secondary infringement has been determined to have contributed to the collision, enter the VC section in the appropriate box."
B. Was there a copy of the traffic collision report?
Drivers participating in a motor vehicle accident are required to report to the California Highway Patrol or the local police, Vehicle Code 20008. The "proper interest" can be obtained from the police report in the Vehicle Code section 20012.
The parties involved in the accident or any other person of 'proper interest' may receive a copy of the police report. This includes people who are at the same site in later accidents because reports may reveal the conditions of motorways which cause or contribute to their own accident. See California ex rel. Dept. of Transp. v. Sup.Ct. (Hall) at 37 ° C at 855 ° C.
C. Is the primary reporting officer acceptable to the hearing?
There are two acceptability differences. First, the acceptability of the report. The second question is the admissibility of an official's final opinion or conclusion.
California California 2001 California Vehicle Code: "There is no such accident report as evidence of any civil or criminal prosecution of any accident, the evidence is well founded, 179 Cal App 2d 240, Summers v Burdick 191 Cal App 2d 464 470 to protect the jury from the danger that the police report simply puts a greater emphasis on the conclusions of the police report due to its "official" nature and there is a risk that the "official" police report may itself rely on the Sherrell v. Kelso 116 Cal App 3d Supp 22, 31.
However, a police officer disclosed in accordance with the 2034 Calif. Lso is an expert, with sufficient experience and training, an opinion Hart Calc 4 Cal App 3d 224. Hart Hart His 13-year veteran at the California Motorway Patrol, with extensive accident and training exams, provides the right speed for the conditions. The case meant a vehicle that slipped under control as it was a sharp curve on Route 32 heading toward Chester. Before the officer had commented on the speed, the probation judge warned the jury about the definitive determination of the right speed and whether the CHP officer had become an expert witness or not.
Kastner v. Los Angeles metro. Transit Auth 63 Cal 2d 52 was approved by a police officer who qualified for his qualifications, qualifications and experience to comment on a collision between a bus and a pedestrian. The opinion was based almost entirely on a statement made by the defendant on the spot. The bus driver gave testimony at the hearing, which is the same on the spot as a police officer. This removed the argument that the official's opinion was based on an inadmissible silence. The Supreme Court Kastner (19459008) acknowledged that the judge should first determine whether the jury is in the expert opinion or if the question is within the common experience of an ordinary person, therefore the expert opinion does not: Kastner on page 57.
In summary, the police report itself remains printed on the evidence. However, if the foundation is present for the opinion of the police officer, then the final opinion can provide some evidence in some form. But first, the tenderer must establish that the subject of the opinion goes far beyond the common experience, the police has the right qualifications and the opinion is based on reliable evidence, see Boxes 720 and 801 of the California Evidence Code.
D. Can witness testimonies in the police report be admissible at the hearing?
Usually police reports include statements by witnesses, the defendant and non-party witnesses. Whether or not you accept these claims depends on whether you are listening or not. The 1200 proof code, according to the 1200 proof code, "Hearsay Evidence" is a proof of a statement outside of the witness testimony and has been offered to justify the truth of the case. "
What can be allowed The findings most often put forward by the applicant or by the defendant in the police reports are based on voiced exceptions. witnesses at the hearing demonstrate that they do not comply with the statement given to the police officer of the California Code of Crime 791.
E. Primary reporting The official's opinion is incorrect
Key facts that show that the police officer made a mistake, a complete investigation in the view of the officer. In the case of accidents in overcrowded urban areas it is common for an investigating officer to turn to one or two witnesses who are willing to wait on the spot and talk to the official. other people ta as a nurse, volunteer, most people simply leave the scene that they do not need it.
Certain witnesses who are actually told by a police officer speak for a brief period of time to leave the critical details on the basis of which the witness's attention was drawn to the accident they saw, as opposed to what they thought was happening. A typical police officer sums up what the officer said. One of the officers in the notepad detects the verbal testimony. These notes are rewritten into the entered police report. The typical police officer's procedure for accepting and documenting witness testimonies is far less reliable than the voice recording of witnesses. It is important to get acquainted with the witnesses in the police report to determine the accuracy and basis of the statements made by the police.
How do you find witnesses who have not been identified in the police report? The keys to finding additional witnesses are: the signs marked around the scene; return to the area and ask the names of the local shopkeepers who know they can see the event; search for surveillance videos that contain the video clip itself; and provide computer-aided (CAD) printed material or voice recordings to people who are calling the accident through their mobile phone. CAD records indicate all phone numbers enrolling in the 911 dispatcher system to report the crash. Many of these callers are well-experienced witnesses whose names are not included in the police report.
Accident-related accident investigation is not complete without a thorough accident-reconstruction. In the case of pedestrian injuries, a good time analysis should be made of how long the driver should be from the point of impact, the time to be discovered. With known or estimated driving speeds, the expert will be able to back up the driver's field of vision (field of view) and determine whether the driver has enough time to stop before the impact point. It is extremely rare for the investigating officer to conduct time-distance / line-of-field analysis to determine that a reasonable driver should have avoided the collision. The complete accident reconstruction is expensive. Think about whether the complete accident reconstruction can be realized on the cause of the matter.
Conclusion: If you face a police report on your client, remember the following. The police report simply summarizes the facts in abbreviated form and gathered in a short time. Often, the report does not contain a deficient, misleading and factual basis. If you believe in the matter; do not stop just because the police report is against your client. Carry Your Own Investigation and Determine Driver Negligence
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