The Role of the Police Report in An Auto Accident Injury Claim

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If you are involved in a car accident in West Virginia that led to injuries or property damage, it’s important for someone to call the police and have an officer visit the scene to write and file a report. This document can be helpful if you later need to seek compensation for medical costs, lost wages, pain and suffering, and damage to your vehicle or other property.

police report is typically one of the first items an auto insurance adjuster looks at when dealing with the aftermath of a crash. You and your attorney should also obtain a copy of the report to support your claim. In most cases, these reports are available to the public for a small fee, although there are exceptions when an accident involves criminal matters, such as driving under the influence (DUI) of drugs or alcohol.

Police reports often contain highly valuable information related to the auto accident, including:

  • Time, date and place of the crash
  • Details of the crash, including the configuration of the intersection, how many lanes of traffic there were, and where the vehicles were positioned
  • Names of all individuals involved, along with witnesses who saw the accident take place
  • Weather, road and lighting conditions
  • Descriptions of all injuries and property damage involved in the accident

It’s worth noting that police reports simply reflect the officer’s view of what occurred; they usually cannot be submitted as evidence if your case goes to court. However, they are still valuable in settlement proceedings, because they can indicate the strength of your claim and help you obtain fair compensation.

After a serious car accident in West Virginia, consult an experienced personal injury attorney at Kaufman & McPherson, PLLC.

Frequently Asked Questions

How do I know whether I have a case?

You have a case if you’re injured and someone else has legal fault for what occurred. You must be able to gather facts to prove the liability of the other party. Intentional harm is not required. In fact, most cases are based on negligence or careless behavior that creates an unreasonable risk of harm. At your case consultation, our lawyers can explain whether you have a case and the reasons for our opinion.

How much time do I have to file a lawsuit?

In West Virginia, you have two years to file most personal injury lawsuits. However, there are some exceptions. Two years can seem like a long time, but you need to investigate, build and prepare your case. Always contact a lawyer as soon as possible.

How will my lawyer determine the value of my case?

A lawyer will determine the value of your case by evaluating the losses that you have because of the injury. Then, they compare them to the types of losses that a victim may claim under the law. Other factors may affect your case value, too, like the ability to collect compensation, comparative negligence and the strength of the proofs in your case.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, get medical attention without delay. Do what you can to prevent additional harm. Don’t discard anything related to the accident like torn clothing. If you can, take photos of the accident scene and your injuries. Contact a lawyer as soon as possible.

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