Myth vs. Fact: Does the Police Report Decide Who Was at Fault in a Montgomery County Car Accident?

Contrary to many people’s belief, a police report does not determine fault in Montgomery County car accidents. 

Fault means liability, and determining liability means placing one party in a position to pay damages to an injured party. This determination is the single most important step of a car accident claim. For that reason, judges and juries decide fault. 

Police officers are investigators. They ensure the safety of those involved, take statements from the parties, and issue a report based on all available evidence. The police report is a starting point, not the final word on who caused an accident. 

Police Reports Establish a Baseline of Events

In a Montgomery County car accident, the police report can feel like the most important part of a case. Insurance adjusters, attorneys, and the parties themselves often review it first when analyzing an accident. 

Although it is a critical piece of evidence, it is not the be-all and end-all of a case. Instead, the police report offers the parties one person’s understanding of what occurred. After reviewing property damage, taking witness statements, and hearing from the parties themselves, a police officer issues a report that attempts to reconstruct the accident. 

While police officers often include their opinion on fault or whether a driver broke any laws, that does not mean the police report is the final word on fault in an accident. 

Examining a Police Report

A police report contains several different pieces of information that can be useful in an accident case. Parties use police reports to look at the accident from another person’s perspective. Often, especially from an injured party’s vantage point, it can be difficult to see an accident through someone else’s eyes. Piecing together an accurate account of what happened often starts with a thorough review of the police report. 

At its core, a police report contains the following information: 

• The names, contact information, and insurance coverage for all parties involved in the accident
• The vehicles involved in the accident will be identified and logged to ensure everyone involved is placed before, during, and after an accident
• A police officer can offer their opinion of what occurred in the accident based on the available evidence. Any traffic infractions that may have occurred, speeding, failure to yield, or a distracted driving violation, can also be included in the police report

What Is the Purpose of a Police Report?

So, if a police report isn’t used to determine fault in a car accident, what role does it play? Keep in mind that the officer assigned to investigate a car accident did not see what happened. Instead, they form their opinion based on the available evidence. While witness statements and an examination of property damage can give an officer a better idea of what happened in an accident, it is far from perfect.

The Best Way to Review a Police Report

Once the police report is issued, the parties involved will immediately review what the investigating officer included. As a result, understanding what the report includes matters a lot for an injured party. 

Establishing the who, what, where, when, and why of a car accident helps a party understand most, if not all, of the relevant circumstances. This includes the insured status of all vehicles involved. Police report notes include driver’s license numbers, license plate numbers, and the parties’ contact information. 

From there, the officer typically shares a handful of sentences describing what they believe happened in the accident. Using a combination of evidence, the investigating officer writes a paragraph-length summary of the accident from their vantage point. Insurance adjusters, eager to guide their liability decisions, use police reports to identify one or more parties at fault for the car accident. 

Finally, most police reports contain a drawing of the accident scene before and during the accident. This is far from a detailed rendition. However, it does boil the evidence down to its essence. 

What Happens When a Driver is Found to Have Broken a Law?

Police officers will summarize any traffic laws either party allegedly broke. Whether or not it is correct, insurance adjusters will often check whether either driver broke a law before or during the accident. If so, that driver is at a heightened risk of being found at fault for causing the accident. 

Each driver in an accident should closely examine the police report once it is prepared. It may include information or details that were unknown at the time. For this reason, police reports provide some of the most critical evidence in a car accident case. 

How Do Insurance Adjusters Utilize a Police Report

We’ve discussed how the parties utilize a police report. However, insurance adjusters also review a police report’s contents. Even the smallest detail can lead an insurance adjuster to either accept or deny liability. 

An injured motorist should not be surprised when an insurance adjuster attempts to place at least part of the blame for an accident on their shoulders. Adjusters use whatever information is available to deflect, deny, or at least delay a liability determination. 

Needing to contend with all of these circumstances after a car accident is incredibly difficult. Life doesn’t stop while you recover from an accident: family, work, and everything in between. For that reason, looking for an effective advocate becomes a central focus for an injured driver

Anthony C. Gagliano, III, Esquire, P.C. Fights for his Clients

Car accident cases are not for the faint of heart. Instead, opposing drivers, insurance adjusters, and even police reports can make the landscape even harder to navigate. 

Montgomery County car accident attorney Anthony C. Gagliano, III, Esquire, P.C. takes nothing for granted in serving clients. Contact our office today for a free case review.