Does a Police Report Prove Fault in a Georgia Car Accident Case?
If you are involved in a car accident that results in death, personal injury, or at least $500 in property damage, Georgia law requires you to report the crash to local law enforcement. The agency that subsequently responds will then prepare an official accident report. This provides a record of the accident with crucial information about the drivers, vehicles, and other witnesses involved.
Georgia Court: Driver’s Statement to Office Inadmissible Hearsay in Personal Injury Lawsuit
Typically, you will need an official police report if you file an insurance claim or personal injury lawsuit following a car accident. But it is important to understand that a police report, in and of itself, will not establish legal fault for the crash. While the law enforcement officer who attends the scene may offer their assessment as to who may be at-fault for the accident, any statements not based on the officer’s personal observations are inadmissible hearsay in a subsequent trial.
A recent decision from the Georgia Court of Appeals, Radu v. Rawley, helps to illustrate this point. In this case, the plaintiff was the passenger in a vehicle involved in a two-car crash at an intersection in Gwinnett County. According to the plaintiff, his vehicle had “lawfully entered the intersection on a green traffic signal” when the defendant ran a red light and struck the plaintiff’s side of his vehicle.
A police officer arrived at the scene and prepared an official accident report. The driver of the plaintiff’s vehicle told the officer that he had a green light when the accident occurred. The officer took down this statement as part of their report. At a deposition in response to the plaintiff’s lawsuit, however, the defendant testified that he in fact had the green light. The plaintiff testified that he did know who had the green light as he was asleep in the passenger side at the time.
Absent any evidence to contradict the defendant’s testimony, the trial court dismissed the plaintiff’s lawsuit at the summary judgment stage. The Court of Appeals upheld this decision. Specifically, the appellate court rejected the plaintiff’s attempt to introduce the other driver’s statement to the police officer as evidence refuting the defendant’s testimony because that was “inadmissible hearsay.” In other words, the police report could not be used to prove who had the green light, as the officer did not personally observe the accident. And since neither the plaintiff nor the other driver offered testimony to contradict the defendant’s deposition statement, that was sufficient grounds to dismiss the case.
Contact an Atlanta Car Accident Lawyer Today
Make no mistake: You should call the police following a car accident, and you should obtain a copy of the subsequent police report. But do not assume that just because such a report exists, that will be enough to ensure you receive proper compensation for your accident-related injuries. You need to work with an experienced Atlanta car accident lawyer who can help you build a compelling case against the responsible driver.
Contact Morain & Buckelew, LLC, today at (404) 448-3146 to schedule a free consultation.
Source:
scholar.google.com/scholar_case?case=17196317797235367528