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Determining Fault & Theories of Liability

Importance of the Police Report in a Truck Accident

Personal Injury Lawyers » Importance of the Police Report in a Truck Accident

How Important is a Police Accident Report When Determining Fault in an 18 wheeler Accident?

If you have ever been in an auto accident you probably spoke to the police and they made a report of the accident. The police report can be useful for identifying potential witnesses, getting the preliminary facts of the accident, and obtaining preliminary witness statements. However, the police reports actual effect in determining who is at fault in an accident is extremely overrated. In a court of law, the opinions expressed by the officer who made the report are essentially meaningless with some context provided by attorneys for either the plaintiff or defense. Therefore, it can be said that the real value of the police report is its ability to aid your attorney in illustrating to a jury what occurred; not that the police report itself is entirely meaningful or significant on its own.truck accident attorneys

As such, the most important thing you can do is hire an experienced personal injury attorney to protect your rights and make sure that the police report alone does not determine the factor of your case for better or for worse.

Police Reports are Not Automatically Admissible in Trial

The reason why a police report’s value is generally overrated is, in the unlikely event that your case made it to trial, the police report is not inherently admissible into court without being properly “proved up“. Getting a document (ANY document) admissible can be a complex matter that must be executed in accordance with the Texas Rules for Civil Procedure. If you hope to prove your side of the story simply by showing up with a police report in hand, you will be disappointing. If the police report is helpful to your side, your attorney will need to take several steps in order to ensure that a jury will ever be able to see it. Then your attorney must explain the relevance of every important fact contained in the report. Again, without context, the report is essentially ineffective.

Police Officers are Often Not Trained in Traffic Accident Analysis

Another reason why you can’t simply rely on the police report to be your star witness is that police officer are not viewed as “experts” for the purposes of civil court proceedings. Police officers are not always adequately trained to analyze an accident scene. Furthermore, for the report to be scientifically valid, the measurements and summaries must be based on some standard and the instruments used must be properly calibrated.

In some rare cases, the police officers investigating the accident scene will document and record the meticulous manner by which they calibrate their measurement equipment as well as show all of the formulas and calculations used with regard to deriving speed, braking force, etc. Such police reports are very credible. But most police officers do not go through such lengths, and the reports they make are dubious in nature. After all, how reliable is a police report when the officer can’t swear under oath that he knows his tools were undoubtedly working properly? How reliable is a police report when the conclusions are not backed by verifiable mathematics?truck crash lawyers

Often times a police report contains little more than party names and other information such as insurance and witness statements, however, the actual analysis of the accident is lacking. If you were on a jury, how much stock would you put in such an understated report?

Police Do Not View Accidents in Light of Civil Liability

This is arguably the most important point of this article. Police officers are not judges nor juries. They cannot determine civil liability and the evidence that they look for and then document in a report is only coincidentally similar to the evidence used in a truck accident case in some instances and completely irrelevant in other instances.

Police reports are not always the best indicator of fault because the police analyze the accident from the view of criminal liability, rather than civil liability. There is a large variance in civil and criminal law, including what constitutes criminal liability and civil liability. Police often do not possess the requisite knowledge and training to recognize the differences that may be important in determining civil liability over criminal liability. Reasons such as these are the reasons that it is important to contact your lawyer as soon as possible, rather than risk relying on an unfavorable police report.

Do you have a legal issue or question? Call us now.

The Best Thing You Can Do At the Scene of the Truck Accident

You do not have to wait and rely 100% on the police report to record all parts of the accident. You can take steps to protect your interest in the accident claim. There are many things a person in an accident can do to assist in their traffic accident case, such as take digital photographs of the traffic scene immediately after the accident. Photos at the scene of the accident can be the best to accurately recreate the scene of the accident. Taking notes about the accident immediately following the accident can also be beneficial; as time passes you may forget minor details that may be vital to your claim.
The attorneys at our law office are trained and experienced in all areas of personal injury law, we are able to analyze an accident scene and find the facts that will be important in making your claim, please contact them to schedule your free consultation and discuss the facts of your case.

How can Your Law Firm Help me?

There are other fascinating aspects of personal injury law that we will share with you in other areas. And whatever your condition is you find us, we truly hope that you will recover soon and that you will be treated fairly when it comes to reimbursement.personal injury lawyers

We readily agree that there are some (not many, but some) insurance companies who do the best they can to treat injured victims fairly. Just like every other thing in life, there are good ones and bad ones. Just like there are good plaintiffs and bad ones.

If you have been injured in an accident or your insurance claim has been denied, and if your injuries are just and truthful, and the defendant’s insurance company is treating you like you don’t exist, or worse, let our attorneys help you negotiate with your insurance company.

One true fact of personal injury law is this: insurance companies have little incentive to negotiate with non-attorneys or young lawyers who are all pep rally and no touchdowns. They have an experienced team of defense attorneys on retainer. Some of them are even on-staff (what does that tell you?). And they know how to run you (or your novice lawyer) through the grease. Nothing short of an experienced Texas personal injury lawyer stands a chance against them in court. And that’s where your opponents must know they’re headed if they don’t pay serious attention to you and your just, rightful injury claims.

We have seen numerous cases where people would threaten to file a lawsuit, but their insurance company just let them and then had their case dismissed because the victim didn’t know what he or she was doing: nor his “legal counsel.“

So if you or someone you love has suffered from an injury due to someone else’s negligence, the attorneys with our Law Firm stand ready to assist you and make certain that you get the fair justice and full damage reimbursement you deserve. We have been fighting for clients just like you for decades and have won thousands of personal injury damage claims and cases. We’ll do whatever it takes to help you, too.

Put our years of experience to work for you if you want to know what your rights are, how to proceed with your claim and how much compensation you can win from your personal injury case. Regardless of how it happened, we’ll answer all of your questions. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.

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ABC News, and almost every other international news agency, has recently reported that former Chinese Communist Party Politburo member Bo Xi Lai has recently lost the appeal of his corruption conviction. As a result, his life sentence stands.

Most commentators, IPG Legal included, seem to agree that the charges brought against Mr. Bo were politically-motivated and the entire legal system in China, particularly as it relates to cases that may seriously affect China’s political or economic system, is still in large part controlled by the Chinese Communist Party.

I have myself observed a Chinese criminal court try and convict a man who had no access to a lawyer. The case involved a large company suing a private businessman for fraud. Before issuing her final ruling on the case, the judge went into a backroom where she consulted with Communist Party officials on how the case should be concluded. Unsurprisingly, the man was convicted, and even more unsurprisingly, the judge was quite frank about what she was doing in the backroom.

This was just one guy defrauding a mid-tier business… so, we can imagine what must be happening behind the scenes when something actually important comes along.

IPG Legal will keep you updated with more news about the case as it happens. We don’t think we’ve seen the last of Mr. Bo just yet.

To learn more about the case and read the article from ABC News see:
China Court Upholds Bo Xi Lai Conviction, Life Term.