Why are Police Reports Important in Your West Virginia Car Accident Claim?

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A car accident can leave you feeling stressed and unsure about the next steps you should take. You may have suffered serious injuries, be unable to return to work right away, and your vehicle may require repairs or replacement. One of the most important first steps to take is to obtain a copy of the police report. The police report is critical when determining and proving which driver is at fault for the crash.

Why are police reports important? Regardless of whether the crash was minor or severe, a police report will provide a detailed account of how the accident occurred. They offer clear and organized information that can help all motorists involved better understand the situation. Below, our West Virginia car accident attorney explains in further detail.

Why are Police Reports Important?

West Virginia car accident reports play a critical role in determining who is to blame for a car accident. The reports often contain the observations an officer made, witness statements, and details about any citations or tickets issued at the scene. These details are critical when determining how the accident occurred.

For example, a police report may indicate details such as road conditions, how the drivers involved behaved afterward, and where the vehicles were at the time of the crash. This information provides a fairly accurate picture of how the accident occurred. Insurance companies and the courts will often use police reports to determine who is liable for paying damages.

Not only are police reports very helpful when determining fault after a car accident, but in many instances, they are required by state law. Under Chapter 17C, Article 4 of the West Virginia Code, all motorists must report any car accident resulting in injury, death, or property damage of $1,000 or more.

What Do WV State Police Accident Reports Contain?

Police accident reports typically contain many important pieces of information. Reports usually start with the time, date, and location of the crash. They will also list a description of the vehicles involved, as well as the names and contact information of all drivers involved. Other details such as the road surface, weather conditions, and any visible damage to the vehicles are also included in the report.

The officer’s notes and observations are also an important component of an accident report. These may indicate possible causes, such as failing to yield the right-of-way or speeding. If there were witnesses to the crash, their statements may also be included in the police report.

West Virginia police follow strict guidelines when writing reports to ensure they are accurate and thorough. Still, police officers can make mistakes, so it is important to review the accident report and ensure that all information contained within it is accurate.

How to Obtain West Virginia Car Accident Reports

To obtain a West Virginia car accident report, you will need to contact the law enforcement agency that responded to the crash. Typically, this is the local police department or the West Virginia State Police. You can request the report by mail, in person, and in some cases, online. The steps when trying to obtain a police report in West Virginia are as follows:

  • Determine the appropriate agency: You will first need to determine which agency to contact for the report. For crashes that happen in towns or cities, it is typically the local police department. For accidents that occur on state highways or roads, the West Virginia State Police typically respond.
  • Determine how to contact the agency: You can visit the front desk of the agency or their records division in person to ask for a copy of the report. You can also send a written request and include pertinent details such as the time, location, and date of the crash, along with your involvement in the accident. Remember to send in the necessary payment. Some agencies will also have online portals to accept online requests and payments.
  • Provide important information: You will need to provide your name and, if you were involved in the crash, your driver’s license number. If you are mailing in a written request, a West Virginia car accident attorney can advise on the information to include.
  • Pay the fee: In most cases, there is a fee attached to obtaining copies of accident reports. All agencies have different fee schedules, so make sure to inquire about the fee that is charged.
  • Remain patient: Sometimes, it can take a number of days, or even weeks, for accident reports to be processed. The length of time it takes depends on the specific agency and the volume of requests being processed.

If we are handling the claim for you, we will take care of collecting the evidence, including the accident report.

Challenges Associated with WV State Police Accident Reports

Many people mistakenly believe that police accident reports alone determine which driver is to blame for a crash. This is not true. Although police accident reports are important, these reports are still just one piece of evidence used when determining liability. A West Virginia car accident attorney can help you obtain a copy of the report for your crash and advise on the other pieces of evidence you will need.

Another issue is that police accident reports may not include all of the important details of the crash or may have incorrect information. If you find errors in your accident report, it is critical that you have it corrected right away. Failing to do this can hurt any future claim you may file.

Our Car Accident Attorney in West Virginia Can Advise on the Next Steps

Obtaining a police accident report after a crash is very important, but it is just one step in the process. At Kaufman & McPherson, our West Virginia car accident attorney can advise on what those are and help you through the process. We will accurately value your claim, negotiate with the insurance company on your behalf, and collect the strong evidence needed to help you obtain the maximum settlement you are entitled to. Contact us today to schedule a free consultation with our experienced attorney and to get the legal help you need.

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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