If you are involved in a pedestrian accident in California, you may still file a personal injury claim even if the police report is unfavorable. However, you must have sufficient evidence to prove the report wrong and demonstrate that the collision resulted from another individual’s negligence.
Read on to learn how to defend a personal injury claim despite having an unfavorable police report in California.
What Are Police Reports?
After responding to an event or accident, law officers prepare formal documents known as police reports. The officer’s observations, conclusions, and actions at the incident are fully documented in these reports.
In the context of personal injury claims, police reports are frequently submitted following accidents, such as car accidents or slip-and-fall occurrences. They often include information such as:
- The incident’s date, time, and place.
- The names and contact information of all people involved, including any witnesses.
- A narrative account of the events before and after the incident.
- Diagrams or sketches that depict the accident scene.
- Statements from parties and witnesses involved.
- Citations or charges were given to all those involved.
- Additional pertinent information related to the incident.
In personal injury claims, police reports are considered crucial evidence since they give an official record of the incident. They are not, however, the sole determinant of fault or liability, and their conclusions can be contested and argued in court.
Lawyer’s Tip: The initial police report may sometimes offer an incorrect car crash assessment. In these situations, it becomes necessary for a legal professional to establish the true party at fault for the accident by presenting compelling evidence to substantiate their argument.
When Should I File a Police Report?
In California, not all accidents must be reported to law enforcement. As per the Department of Motor Vehicles, an accident involving a motor vehicle can legally go without a police report if it meets the following conditions:
- It involves minor property damage that totals less than $1,000.
- There are no bodily injuries stemming from the incident.
Not reporting a car accident to the police can be considered illegal under the following conditions:
- The accident leads to property damages of $1,000 or more.
- The accident involves a hit-and-run situation.
- Bodily injuries result from the crash.
- The collision causes a wrongful death.
It’s essential to note that if the accident causes severe bodily harm or results in a wrongful death, you must report it to the police within 24 hours of the incident. Failure to do so may lead to various legal consequences, including:
- State imprisonment ranging from two to four years,
- County jail time lasting from 90 days to one year or
- Fines ranging from $1,000 to $10,000.
Can I File a Claim Without a Police Report?
In California, you can seek compensation for a pedestrian accident without a police report. Although having an accident report can expedite the process, not having one does not deprive you of your right to file a case.
However, when filing a personal injury claim for an accident with a police report, you must have sufficient evidence to justify the cause of the incident, such as:
- Medical costs from the accident-related injuries,
- Income-related documents such as tax returns and direct deposit records demonstrating any income losses,
- Receipts for repairing or replacing your vehicle,
- Witness testimonies
- Accident reconstruction, and
- Photographs of the accident location.
While it is possible to file a claim without a police report, doing so may be challenging, especially if you pursue the case independently. Contacting a pedestrian accident attorney to gather evidence to prove the other party’s negligence and defend your case is best.
What Happens if I Have an Unfavorable Police Report?
If you were involved in a pedestrian accident in California and the police created an unfavorable police report, you may still file a claim to receive compensation for the damages.
Most insurance companies rely on the results of the police report when deciding whether to cover the damage expenses. This is why, similar to not having an accident report, you will need to have the necessary evidence to justify that you are not liable for the accident.
Aside from the evidence, you will likely need a California pedestrian accident lawyer who can evaluate the details of the pedestrian accident, collect proof, and defend your case against the insurance provider. Without appropriate knowledge and experience in handling personal injury cases, the insurance provider may dismiss your claim, leaving you with the monetary burden of the crash.
How Can I Prove My Pedestrian Accident Claim if the Police Report is Unfavorable?
An unfavorable police report in a pedestrian accident case can raise questions about the accident’s cause, particularly when it leads to significant damages. Failing to effectively address the other driver’s argument regarding the unfavorable police report could result in a reduced settlement offer. In some cases, you may even lose your case.
To help you prove your pedestrian accident claim, you may do the following:
- Collect as much proof as you can to back up your claim. This can include images of the crash site, vehicle damage, and your injuries. Additionally, you may obtain the addresses or contact information of any witnesses.
- If you’ve been injured in a pedestrian accident, getting medical help right away is critical. Your medical history can prove that you sustained injuries from the crash. Sometimes, it can also show how you sustained these injuries, such as from a blunt force or others.
- Avoid communicating with the insurance provider. Unfortunately, insurance companies will only cover the damage expenses if you have clear evidence justifying the driver’s negligence. If this is not the case, they may dismiss your claim. This is why avoiding communicating with the insurance provider is essential until you can contact a pedestrian accident attorney.
- Contact a California pedestrian accident attorney. One crucial step when pursuing legal action for a pedestrian accident despite having an unfavorable police report is to connect with a pedestrian accident attorney who can protect your legal rights at all costs.
Remember that insurance providers want to limit compensation, so having a lawyer on your side can be extremely helpful, particularly if the police report does not reflect favorably on you. Rather than relying solely on the police report, the final result of your case will be determined by the totality of the available information and the legal arguments.
Can I File a Pedestrian Accident Claim If I’m Partly At Fault?
If a driver hits you, you may file a personal injury claim to receive compensation for the damages. However, you must prove that the collision resulted from the driver’s negligence.
Generally, negligence in a pedestrian accident in California can be demonstrated through these four elements:
- Duty of Care: The person had a responsibility to ensure the safety of all parties involved.
- Breach of Duty: They did not fulfill this responsibility.
- Causation: The breach led to an accident.
- Damages: The accident resulted in injuries and other harm.
However, if you are partly liable for the pedestrian accident, you may still file a claim to recover compensation for the damages. In California, the principle of pure comparative negligence is followed, allowing individuals to file claims regardless of their degree of fault in an accident.
For instance, if a speeding driver collides with you and you fail to notice them before crossing the street, you and the driver share negligence. If you decide to pursue a claim and the court determines that you are 40% responsible for the accident, you may receive 60% compensation.
Conversely, the other party also has the right to seek 40% compensation for the damages. This is why it is crucial to consult a California pedestrian accident lawyer who can assist you in calculating the appropriate settlement and advocating for your case.
How Can a California Pedestrian Accident Lawyer Protect My Rights?
Having a police report that unfavorably reflects the cause of the accident may affect your personal injury claim, especially if you don’t have a legal defense. Insurance companies will try their best to avoid covering the damage costs. If the police report is unfavorable for you, they may use this against you and insist that you were at fault for the collision.
A pedestrian accident attorney can assist in proving your case by collecting the necessary evidence to support your claim and fiercely defending your side of the story.
A California pedestrian accident lawyer can offer the following support to increase the likelihood of a successful claim:
- Collect crucial evidence to construct your case.
- Determine the liability of the at-fault party.
- Assess the full scope of damages incurred.
- Engage in negotiations with the insurance company.
- Initiate legal proceedings in court when necessary.
Why Should I Hire Pedestrian Accident Attorneys from Jacoby & Meyers?
We understand that pedestrian accidents can result in significant life-altering consequences. It’s crucial to have legal representation to comprehend the emotional and physical toll these events can take on individuals.
At Jacoby & Meyers, we are deeply committed to serving accident victims and helping them secure the justice they deserve.
In addition to our proven track record of obtaining substantial client settlements, we are dedicated to giving back to our communities by facilitating access to vital medical care for accident victims. Our legal team has streamlined an effective process to ensure you are well-informed about your legal rights and receive the justice you’re entitled to.
Our devoted team of legal professionals is unwavering in its commitment to provide exceptional service by:
- Maintaining clear and open communication throughout the entirety of your case.
- Skillfully negotiating with insurance companies to secure fair and equitable compensation on your behalf.
- Assisting in coordinating appropriate medical treatments as recommended by your physician.
- Offering support for any other concerns related to your pedestrian accident to alleviate your anxieties.
- Protecting your legal rights by establishing liability, assessing the full extent of damages, and vigorously advocating for your claim.
We provide a free consultation where you can receive legal counsel from California’s most experienced pedestrian accident attorneys. To explore the legal options, do not hesitate to contact us at 800-500-0000.
Jacoby & Meyers. Because You Deserve Justice.
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We firmly believe that we can offer our customers a strong legal defense, even though we are aware that many law firms make similar claims. As a result, we encourage prior customers to share their positive experiences with our services.
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Works Cited
“’;;.’” California Legislative Information, 9 March 2019, https://www.dmv.ca.gov/portal/driver-education-and-safety/educational-materials/fast-facts/vehicle-collisions-ffdl-16/%5C. Accessed 18 October 2023.
“comparative negligence | Wex | US Law | LII / Legal Information Institute.” Law.Cornell.Edu, https://www.law.cornell.edu/wex/comparative_negligence. Accessed 18 October 2023.
“Section 20001.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=20001.&lawCode=VEH. Accessed 18 October 2023.
“Section 20008.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=20008. Accessed 18 October 2023.
Simon, Shelby. “Car Accident Police Report: When & How To Get A Report.” Forbes, 3 October 2022, https://www.forbes.com/advisor/legal/auto-accident/car-accident-police-report/. Accessed 18 October 2023.
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