Does the Police Report Determine Who Was at Fault in the Accident?

New York State law requires that the police must be called when someone is hurt or killed in an auto accident. After interviewing the drivers involved in the wreck and any witnesses and overserving the scene, the officer who responded to the call will write a police report.

This report is often the most important piece of evidence in a personal injury claim arising from a serious car accident. While it does not, on its own, prove who is at fault, the police report usually is invaluable for someone who was injured in a crash and needs to prove that the other driver was negligent.

How the police report makes the difference for car accident victims

For one thing, the officer is likely to investigate your accident more thoroughly than you can. After being involved in a crash and sustaining serious injuries, you will feel shaken up and in no condition to interview other people at the scene, take photographs and so on. The officer will be calm, uninjured and able to take in what happened accurately. The fact that the officer is a neutral third party also ensures that the report will be convincingly objective to the insurance companies and, if necessary, a jury.

Keep in mind that the police report is not the same thing as a court verdict. It is evidence, not a finding of fact. But having one that shows the other driver was at fault can make a huge difference in your personal injury claim.

Helping yourself after a car accident in Buffalo

Besides obtaining a police report, the other most important thing you can do for yourself after a serious car wreck is to work with an experienced personal injury attorney. Your lawyer will help you understand your rights and pursue maximum compensation for your injuries.

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