Can a Police Report Be Used Against You in a Motorcycle Accident Lawsuit in NJ?
After a motorcycle accident in New Jersey, you should call the police so that they can create a report of the incident. Though this report may be useful to you during your claim, could the negligent driver use it against you?
Because police reports generally benefit victims more than they do negligent drivers, it is unlikely that the defendant in your case will be able to use this report against you. Furthermore, the police report might be largely inadmissible in your lawsuit in New Jersey. Regardless of its admissibility, we can use the report for your recent motorcycle accident to gather more detailed information to build the basis of your claim. For example, the report might contain the names and phone numbers of eyewitnesses who we can interview. To get this report, you may have to contact the police department that responded to your accident. After doing so, you might be able to download the police report online or pick it up in person in the days following your motorcycle accident.
To get a free evaluation of your case from New Jersey motorcycle accident lawyer Jerry Friedman, call 1-800-529-4464 now.
Can the Police Report for Your Motorcycle Accident Be Used Against You in New Jersey?
Police reports may only be admissible as evidence in certain situations in New Jersey. While specific information in police reports can be used in motorcycle injury cases, that information will likely benefit victims, not negligent parties.
Simply put, police reports are documents completed by law enforcement regarding vehicle collisions. In New Jersey, officers are instructed to make these reports for accidents resulting in injury or when called to the scene of a collision. Such reports contain basic information about an accident, like its location, time, and involved parties. This type of information may be part of the public record, making it admissible in injury cases.
Other information included in police reports, like the sections for the opinions and conclusions of police officers, will likely be inadmissible in a lawsuit. So, even if the reporting police officer noted your possible contribution to the crash in their report, that might not be very useful to the defendant. The defendant will likely need additional evidence to undermine your claim than what is available in an accident report in New Jersey.
If you are the victim in your accident, you shouldn’t be too concerned that the defendant can or will try to use a report from law enforcement against you. That said, to ensure the report is accurate, take the time to speak to police officers at the accident scene. Do not leave until you have done so unless you must go directly to the hospital because you are too severely injured. If that is the case for you, you can talk to law enforcement in the days after your motorcycle accident.
Can You Use the Police Report for Your New Jersey Motorcycle Accident Against the Defendant in Your Case?
Despite being largely inadmissible in motorcycle accident cases, police reports can be helpful to victims when seeking compensation. Our Atlantic City, NJ motorcycle accident lawyer can review the details in your report to gain deeper insight into the collision and additional knowledge to use when preparing your claim.
The general information in a police report for a car accident might indicate fault. For example, police officers might have noted in the report that the other driver admitted to using their phone at the time of the accident. In that case, we can contact eyewitnesses, whose information we can also learn from the report for the crash, to get their statements. If eyewitnesses can testify to the fact that they saw the at-fault driver using their phone when they struck your motorcycle, that can help prove fault.
Regardless of whether or not a police crash report can be admitted as evidence in a motorcycle accident lawsuit in New Jersey, it is useful to have. Because of this, you should always call 911 following a motor vehicle accident of any severity. That way, officers can make an accident report that we can use as a reference if you pursue a compensation claim in the future. Depending on the severity of your accident, calling the police might be a legal requirement, according to N.J.S.A. § 39:4-130.
Getting Police Reports to Use in Motorcycle Accident Lawsuits in New Jersey
In order to use a police accident report to strengthen your compensation claim in New Jersey, you have to get it. The retrieval methods available to victims might differ, depending on the agency that responded to an accident.
To obtain the incident report for your recent motorcycle accident from law enforcement, you can go to the police department that responded to your accident. When you arrive at the correct police department, you might be asked for information related to the crash. Depending on the law enforcement agency in question, it might upload accident reports to an online portal for victims to download. The New Jersey State Police also has an online portal where victims can download reports for accidents on toll and non-toll roads. There is typically a small fee associated with getting a report for a motorcycle accident.
Generally speaking, police reports become available to victims within several business days in New Jersey. If there is a considerable delay, we can contact the correct police department to speed up the process. If you notice an inaccuracy after getting your report, tell us immediately. You may be able to amend the existing report by speaking with law enforcement. Do not delay getting the report for your accident, as doing so could cause you to miss inaccuracies or other issues with the report.
Call Jerry About Your New Jersey Motorcycle Injury Claim Today
Call Camden, NJ motorcycle accident lawyer Jerry Friedman at 1-800-529-4464 to schedule a free case analysis today.