Police Report in Motor Vehicle Collision Cases

 

Learn How to Get and Use the Car Accident Police Report to Negotiate a Fair Personal Injury Settlement or Win at Trial

 

If you’re reading this article, you were likely injured in a serious car or truck accident in Virginia.

 

You are taking the right steps by trying to get a copy of the Traffic Crash Report, which is completed by the police officer or state trooper who responds to your accident scene. The police report provides important facts and information about your motor vehicle accident that will help you prove that the other driver’s negligence caused your injuries and alert you to possible defenses to your negligence claim, such as contributory negligence.

 

The purpose of this article is to explain how you can get a copy of the Car Accident Police Report in Virginia and how to use it to investigate and build your personal injury case. Conducting an investigation soon after your automobile crash is often the difference between receiving a fair car accident settlement offer and walking away with little or no money.

 

If you have any questions after reading this article, call me for a free consultation: (804) 251-1620 or (757) 810-5614. Come see why I’ve been voted one of the best car accident lawyers in Virginia and what type of personal injury settlement I can get for you.

What is a Police Report and What is Its Purpose?

 

The purpose of the police crash investigation and report is to determine and document what caused the motor vehicle crash.

 

National, state, and local agencies such as the National Highway Traffic Safety Administration (NHTSA), the Virginia Department of Motor Vehicles (DMV), the Virginia State Police (VSP), and the Virginia Department of Transportation (VDOT) use information from crash reports to create programs and make changes that improve highway safety.

 

For example, Virginia Code Section 46.2-373(C) states that the Commissioner of Highways can use accident reports to exercise the power to reduce speed limits where accident frequency or severity suggests that will help.

 

Does the Law Enforcement Officer Who Responded to My Crash Have to Complete an Accident Report?

 

Yes – in most cases.

 

The motor vehicle laws of Virginia require law enforcement officers to submit a police crash report to the DMV for all reportable crashes.

 

Virginia Code Section 46.2-373(A) clarifies when a crash is “reportable.” The investigating law enforcement officer must complete and submit a police report when the motor vehicle accident occurs on public property and results in injury to or death of any person or total property damage to an apparent extent of $1,500.00 or more. A police report should be available in almost every car accident that results in a civil action under tort law or a claim under workers compensation laws.

 

An automobile crash occurs on public property if it happens on a highway, road, street, or public parking lot maintained by state, county, or municipal funds.

 

How Soon is a Police Report Available?

 

Virginia Code Section 46.2-273 requires law enforcement officers to submit a crash report to the DMV within 24 hours of completion of the accident investigation.

 

You should be able to get a copy of the police report within one week of the crash.

 

What Information Does a Police Crash Report Include?

 

Law enforcement officers are trained to investigate an auto accident and to complete the standard Police Crash Report (FR300P).

 

The Police Crash Report, revised in 2012, is a six-page form. The first four pages of the form are used for crashes involving cars, pickup trucks, and SUVs. The first five pages are used for a Commercial Motor Vehicle (CMV) crash, such as one involving a tractor-trailer. And pages one through four and six are used for pedestrian crashes or crashes involving more than three passengers in any vehicle.

 

The Police Crash Report has several different sections allowing the investigating officer to enter the following information:

 

General Information About the Drivers and Vehicles

 

Accident Basics

 

The police report will include the:

 

• Crash date

 

• Day of the week the crash occurred

 

• Time of the crash, using military time (24-hour format)

 

• City, county, or town where the crash occurred

 

• Location of the crash, using the street name or route number where it occurred

 

• Landmarks near the scene of the crash, which are helpful if the crash occurred in a rural location or near a residential address, utility pole, or mile marker

 

• Railroad Crossing Identification Number if the crash occurred within 150 feet of a railroad grade crossing

 

• Intersection where the crash occurred if it happened at an intersection

 

• Number of vehicles involved in the crash

 

You can use this information to prove that you were involved in an auto collision and to decide where to file a civil action if your claim doesn’t settle.

 

Investigating Officer

 

The police report will include the name of the investigating officer, their badge number, the agency or police department the officer works for, and the date the Police Crash Report was filed.

 

This information is important because you may want to call the investigating officer as a witness at trial.

 

Driver Information

 

For each driver involved in the crash, the police report will include:

 

• The driver’s full name as it appears on the driver’s license

 

• The driver’s address

 

• The driver’s birth date

 

• The driver’s license number

 

• The driver’s gender

 

• Whether the driver was using safety equipment when the crash happened (lap belt, shoulder belt, lap and shoulder belt, child restraint, booster seat, helmet, no safety equipment, etc)

 

• Whether an airbag deployed and, if so, which one. Generally, insurance companies and juries will believe your injuries are more severe if an airbag deployed in the crash.

 

• Injury type. The Police Crash Report asks investigating law-enforcement officers to classify the injury type as:

 

• • Death
  • Serious Injury (crush injury, significant burns, unconsciousness from a head injury, broken arm or leg, significant loss of blood, paralysis, etc)
  • Minor Injury (visible injuries such as bruises, scrapes, etc)
  • No Injury (no visible injuries or complaints of pain)

 

• Whether the driver was ejected from the vehicle. Partial or total ejection often results in catastrophic injuries such as traumatic brain injury, fractures, or spinal cord trauma.

 

• Whether the driver was transported by emergency medical services/ambulance to the hospital

 

• Whether the driver fled the accident scene. If you are injured in a hit and run accident, this information will help you recover monies through an uninsured motorist claim.

 

Vehicle Section

 

For each vehicle involved in the crash, the police report will state:

 

• The vehicle owner’s name

 

• The vehicle owner’s address

 

• The vehicle year, make, and model

 

• The license plate number

 

• The VIN (Vehicle Identification Number)

 

• The name or names of the insurance carrier or of the insurance agent of the automobile liability policy on the vehicle

 

• Whether the vehicle was disabled because of the crash

 

• Whether the vehicle was towed because of the crash

 

• The approximate repair cost

 

• Whether the vehicle is oversized

 

• Whether cargo spilled from the vehicle

 

• The vehicle’s speed before the crash

 

• The posted speed limit where the crash occurred

 

• The investigating officer’s opinion on the maximum safe speed based on road, traffic, weather, and light conditions.

 

• The number of passengers in the vehicle and their age category.

 

Passenger Information

 

For every passenger injured or killed in the motor vehicle crash, the police report will provide the same information it does for vehicle drivers.

 

Specific Information about How the Driver Contributed to the Accident

 

Driver Information Section

 

For each driver, the police report will state:

 

• What driver actions contributed to the crash. This section is a good starting point for proving the defendant driver’s negligence caused the crash and your injuries.

 

• Whether the driver was drunk or impaired by drugs.

 

• Whether the driver’s vision was blocked

 

• Whether the driver was distracted at the time of the crash.

 

Vehicle Information Section

 

The police report will include:

 

• What maneuvers the vehicle was making at the time of the crash

 

• Whether there were any skidding tire marks

 

• The vehicle body type

 

• The type of vehicle damage

 

• The vehicle’s condition after the crash such as whether it was totaled

 

Crash Information

 

The police report will include:

 

• The location of the first event that resulted in the crash (roadway, shoulder, median, etc)

 

• The weather at the time of the crash

 

• Whether it was light, dark, or foggy when the crash occurred

 

• Whether a traffic control device was involved (stoplight)

 

• The road’s layout

 

• The roadway surface condition

 

• The roadway surface type

 

• Whether there were roadway defects and, if so, what

 

• Type of intersection if the crash occurred at an intersection

 

This information can help you identify potential defendants other than the driver of the vehicle that caused your crash.

 

Pictures

 

The investigating officer may take pictures of the crash scene and vehicle damage.

 

Crash Diagram

 

The standard Police Crash Report form includes a space where the officer can diagram how the accident happened and what parts of the vehicles were damaged.

 

Witness Information

 

The Police Crash Report may include contact information for persons who witnessed the accident.

 

I recommend contacting all witnesses and obtaining sworn written statements if a witness will help you prove that the other driver caused the wreck.

 

Does a Police Report Say Who is at Fault for the Crash?

 

Sometimes.

 

The police report may state who was at fault for the car accident based on the police officer’s investigation and professional judgment. But the officer may not draw a conclusion and many police reports do not determine who is at fault.

 

Even if no fault determination is made, the police report will state whether the officer issued a traffic citation as part of the crash investigation.

 

A traffic citation, also called a traffic ticket, is a notice issued by a law enforcement officer that accuses a driver of violating a traffic law. Though a traffic citation will not prove that the other driver is responsible for the crash and liable for your injuries automatically, it will help you win your case or negotiate a fair settlement.

 

Are Police Crash Reports Accurate?

 

Sometimes. But police accident reports are often inaccurate or incomplete.

 

There are several reasons why an accident report may include wrong information:

 

• The police officer did not witness the crash and is dependent on the statements of eyewitnesses, who may be biased.

 

• The police officer may find one witness more credible than another based on appearance or demeanor.

 

• If you are knocked unconscious in the crash, the defendant driver’s statement may be the only one available to the police officer and may result in an unfavorable accident report.

 

• If the police officer interviews you in the emergency room or while you are semi-conscious or medicated, you may make statements that do not help your case.

 

• The police officer may not have had time to complete an in-depth investigation.

 

The bottom line is the police accident report is just one piece of evidence in your case. It can make things easier but should not be the only evidence you rely on to prove liability and damages.

 

And for those of you who are worried that an unfavorable report will destroy your claim, remember that motor vehicle collision cases are tried in court not on the road with the officer acting as the investigator, judge, and jury.

 

Are Police Reports Sent to the Insurance Company Automatically?

 

No.

 

The police will not send the accident report to your insurance company automatically. Your insurer will become aware of your accident only if and when you or any of the drivers or passengers involved in the crash file a claim.

 

If you want your insurer or the defendant driver’s insurer to have a copy of the crash report sooner, you can obtain a copy and send it to the insurer directly. This can speed up the claims process.

 

Who Can Get a Copy of a Motor Vehicle Crash Report?

 

In Virginia, the DMV will release a copy of the motor vehicle accident report to:

 

• The driver(s) of the vehicle(s) involved in the crash.

 

• Any pedestrian or bicyclist injured in the crash.

 

• The parent or legal guardian of a child injured or killed in the crash.

 

• An attorney representing any person injured, killed, or otherwise involved in the crash.

 

• Any person who suffered property damage as a result of the accident.

 

• A representative of an insurance carrier that provides property damage or liability insurance coverage to any person involved in the crash.

 

• The personal representative of any person injured or killed in the crash, including conservators, executors, and next of kin.

 

If you want a copy of the police report but were not involved in the crash and do not represent a person or insurance company involved in the crash, you cannot get a copy of the police report from the DMV. But you can get the following information under Virginia Code Section 46.2-379:

 

• The date, time, and location of the wreck

 

• The name and address of each driver involved

 

• The name of each vehicle owner

 

• The name of each person injured in the accident

 

• The name of each witness to the crash

 

• The name of the investigating officer

 

How Do I Get a Copy of the Police Crash Report?

 

Requesting a Copy of the Police Report from the DMV

 

To get a copy of the accident report in Virginia, you must submit either a written request or a completed Information Request Form (CRD 93), along with your payment, to the DMV.

 

Your written request must include:

 

• How you were involved with the crash (driver, injured passenger, injured pedestrian, vehicle owner, etc)

 

• The crash date and time

 

• The crash location (street, city/town/county)

 

• The driver’s name

 

• The driver’s license number

 

You may submit your request for the accident report by mail or fax, or in person at a DMV Customer Service Center.

 

If requesting by mail, send your request to:

 

Customer Records Work Center, Room 514

Virginia Department of Motor Vehicles

Post Office Box 27412

Richmond, VA 23269

 

If requesting by fax, send your request to (804) 367-0390.

 

Requesting a Copy of the Accident Report from the Police Department That Responded to Your Crash

 

You can also get a copy of the Traffic Crash Report from the Police Department that responded to and investigated your auto collision.

 

I recommend visiting the website of that Police Department to see how to get a copy by mail or in person.

 

How Much Does it Cost to Get a Copy of the Police Report?

 

You will have to pay $8.00 for each police accident report you request.

 

How Long Will the DMV Keep a Copy of the Accident Report?

 

The DMV will keep a copy of the Police Crash Report for at least 36 months after the date it receives the report.

 

Are Police Reports Admissible at Trial?

 

No.

 

Usually, the police report is inadmissible under a state statute or evidentiary rule. This means that neither you nor the defendant driver is allowed to introduce the police report into evidence at trial or to show it to the jury to help your case.

 

In Virginia, police reports are inadmissible under both Code Section 46.2-379 and 2:802 of the Rules of Evidence.

 

Code Section 46.2-379

 

Code Section 46.2-379, titled Use of Crash Reports Made by Investigating Officers, states:

 

All crash reports made by investigating officers shall be for the confidential use of the Department [of Motor Vehicles] and of other state agencies for accident prevention purposes and shall not be used as evidence in any trial, civil or criminal, arising out of any accident.

 

The Supreme Court of Virginia has stated: “The rationale of the statute is that the report, although routinely and sometimes hurriedly made, primarily for statistical purposes, nevertheless carries with it the stamp of a written and official document to which a jury could attach more weight than it is properly due.”

 

Rule 2:802 of the Virginia Rules of Evidence

 

Virginia Rule of Evidence 2:802 states: “Hearsay is not admissible except as provided by these Rules, other Rules of the Supreme Court of Virginia, or by Virginia statutes or case law.”

 

The Supreme Court of Virginia defines hearsay as “testimony given by a witness who relates, not what he knows personally, but what others have told him, or what he has heard said by others.” This includes both oral statements and written testimony.

 

An accident report is hearsay because the police officer has no independent knowledge of the crash and depends on the statements of the involved drivers and passengers and eyewitnesses to complete the report. Therefore it is inadmissible in Virginia.

 

How Can I Use the Police Report to Help My Motor Vehicle Accident Case?

 

You may be wondering why the police accident report is helpful or important if it is inadmissible at trial. Fortunately, it has several other uses.

 

• Police Officer Testimony. If your case does not settle and instead goes to trial, you can call the investigating police officer to testify on your behalf. The officer is allowed to look at the accident report to refresh their recollection of the facts and can use the report to give testimony about their observations and conclusions about who was at fault.

 

• Other Evidence. The police report provides lots of information that your attorney can use to investigate the accident. I often use the accident report to track down additional witnesses, other potentially liable parties, and available insurance coverage from which to collect a jury verdict.

 

• Leverage in Settlement Negotiations. Many insurance adjusters give great weight to the police report when evaluating your claim’s value. If the police officer observed that you suffered serious injuries and concluded that the other driver’s negligence caused the crash, the adjuster is more likely to offer a fair settlement.

 

Is the Police Crash Report Important in Workers Compensation Claims?

 

If you are hurt in a work-related auto accident, a law enforcement officer will likely respond to the crash scene and complete an accident report.

 

The police accident report can help you recover workers compensation benefits, including lifetime medical, temporary total disability, permanent partial disability, and a lump sum settlement. But it usually has a less important role in workers comp claims.

 

That is because you do not need to prove the other driver’s negligence caused your accident and injuries to receive workers compensation payments.

 

Instead, you can use the accident report to prove that you were involved in a crash, if that is disputed, and that you were not driving recklessly, which prevents your employer’s workers compensation insurance carrier or third party claim administrator (TPA) from alleging that your willful misconduct or violation of a safety rule caused your injuries.

 

Hurt in an Auto Accident? Get Help Today

 

If you or a loved one was injured in a motor vehicle collision in Virginia, email or call me at (804) 251-1620 or (757) 810-5614 to schedule a free case evaluation. As your personal injury lawyer, I’ll help you get every dollar possible.