What can I do if the Police Report had Wrong Information?
Motor Vehicles Accidents - August 31, 2015
–Sherry, West Covina, CA
People wonder why the hearsay laws exist. Why don’t all conversations come into evidence?
People wonder why people can’t speculate on the jury stand. Why can’t speculation come into evidence?
Your situation is a perfect example of why the rules of evidence forbid speculative testimony and hearsay. The police officer’s out-of-court writing which blames you (the police report) is hearsay and is inadmissible. The police officer’s conclusion that you are at fault is based on speculation. He didn’t witness the accident. Since he doesn’t have personal knowledge of what happened (he wasn’t a witness), the police officer cannot testify to these speculative and prejudicial conclusions. They are inadmissible. Finally, I believe the police officer’s conclusions invade the province of the jury. Only the jury can decide who is at fault. Not the police officer.
Hence, yes, you can sue and I believe the police officer’s report is meaningless. It will damage you only in that the insurance carrier for the defendant is unlikely to negotiate with you because they rely on the inadmissible police report when making settlement decisions.
This will require you to go through the entire court system and a probable trial. I am happy I could give you some good news, but sorry for the bad news.