Police reports are a natural consequence of accidents and injuries and can be very useful when building a civil lawsuit. Unfortunately, getting the reports admitted into evidence can be challenging.
Technically, police reports are considered hearsay, making them very tricky to use as evidence in an injury lawsuit. Hearsay is inadmissible as evidence unless it meets certain exceptions. Police reports in Dallas, TX have been admitted as evidence in injury trials under exceptions for public and business records. However, getting police reports admitted under these exceptions is not guaranteed, and we need to prove they qualify. Although it can be challenging, a police report should be included in your injury case because it likely contains valuable information about your injuries compiled by law enforcement.
Call our Arlington personal injury attorneys at The Queenan Law Firm, P.C. for a free case evaluation at (817) 476-1797.
When Police Reports Are Admissible in Injury Cases in Texas
Texas police reports can be incredibly useful in an injury case, but getting the report into court is often difficult. The rules of evidence in Texas prohibit hearsay, and police reports are hearsay by nature. Even so, the rule against hearsay has numerous exceptions, and it might still be possible to admit the police report from your accident as evidence. Our Texas personal injury lawyers can review your case and work to get the report into evidence.
Police Reports as Hearsay
Hearsay is defined under Texas Rule of Evidence § 801(d). Hearsay is defined as a statement made by someone other than the declarant in court (i.e., the person on the witness stand) that is offered in evidence to prove the truth of the matter asserted. To put it shortly, hearsay includes testimony or information from a person or source that is not made in court. For example, a person cannot testify about the information they heard from a friend who heard it from a friend. The knowledge must be first-hand.
Police reports are generally considered hearsay because they are compiled by officers who were likely not at the accident scene and did not witness the accident. In addition, the police gather information for the report from other people, making much of it second-hand information.
Exceptions to the Hearsay Rule
Although police reports in Fort Worth, TX, cannot be automatically admitted into evidence under the hearsay rule, it is sometimes possible to admit them under exceptions to the rule. Hearsay is a broadly defined topic, and many important pieces of information or evidence might be considered hearsay. As such, the Texas Rules of Evidence contain various exceptions to the hearsay rule, and your police report might still be admissible.
Admissibility of Police Reports as Public or Business Records
Among the numerous exceptions to the hearsay rule are exceptions for public records and business records. It may be possible, under certain circumstances, to have police reports admitted into evidence under one of these exceptions.
Public Record Exception
One exception to the hearsay rule in Texas that might apply to police reports is the exception for public records. According to Texas Rules of Evidence § 803(8), public records might include records of a public office’s activities, matters that the office observes and has a duty to report, and factual findings from a legally authorized investigation. Additionally, public records cannot be admitted if they lack trustworthiness.
Police reports often fit the definition of public records. Generally, a police report in Arlington, TX is admissible as a public record if it is based on information or events personally witnessed by the officer who wrote the report. Our Dallas personal injury attorneys can help you admit the report and, hopefully, get you the compensation you need.
Business Record Exception
Another possible exception to the hearsay rule is found under Texas Rules of Evidence § 803(6) and records of regularly conducted activity. According to the rule, these records must be made at or near the time of the event being recorded, kept as part of regularly conducted business, and a part of normal business practices. The word “business” here is defined broadly to include any organized activity or group, and they do not necessarily have to function as a business for profit.
Police records can sometimes be admitted into evidence under the business records exception. Police records are a normal function of law enforcement, often made close in time to accidents, and are based on reliable information from people with first-hand knowledge of the accident.
Why You Might Need Police Reports as Evidence in a Texas Injury Case
Police reports play a vital role in many injury cases, even if they do not make it into evidence in a trial.
Information Gathering
One way our Texas personal injury lawyers can use your police report is to generally build up your case with useful information. For example, details about how the accident occurred and who was present might be contained within the report. We can use this information to find other admissible evidence.
Even though the report might not be admissible in court, we may still find its information useful when building your case. The details in the report may lead us to admissible evidence or shed light on details we are not yet sure of.
Finding Admissible Evidence
Police reports based on information from other witnesses rather than direct observations made by the officer are generally inadmissible. In such instances, we can use the report to find evidence admissible under the Texas Rules of Evidence. For example, police reports are often based on the information provided by eyewitnesses rather than the officers writing the report. While the report itself might be inadmissible if we cannot admit it under an exception, we might still be able to find the witnesses who provided the information and get them to testify.
Persuasive Power
Another important reason we should try to get your Houston police report admitted into evidence is that it is very persuasive. Police reports are often compiled during thorough investigations, and jurors tend to trust law enforcement officials. Even if we can only use the report in a limited capacity as evidence in a civil trial, it may be enough to sway the jurors to your side.
Our Houston personal injury attorneys can help you admit the police report into evidence or find other ways to utilize it to your advantage.
FAQs About Admitting Police Reports as Evidence in a Personal Injury Case in Texas
Are Police Reports Admissible in Civil Court as Evidence?
Generally, police reports are not admissible as evidence because they usually violate the rule against hearsay evidence. Police reports are typically compiled based on second-hand information gathered from witnesses and an investigation, making them hearsay.
Is it Possible to Ever Have a Police Report Admitted Into Evidence?
Police reports may be admitted into evidence under specific circumstances. Numerous exceptions to the hearsay rule exist, and police reports may be admitted as public records or business records, depending on the situation.
Why Are Police Reports Important in Personal Injury Cases?
Police reports often contain valuable information gathered by the police after a formal investigation. In many cases, this is information the plaintiff would not otherwise have, and the police report may yield very useful details you can use to build your case.
What Information is Usually Contained in a Police Report?
A police report may contain information about evidence uncovered by the police. This could be anything from physical evidence to witness statements. Police reports may also contain conclusions drawn by police officers and their opinions on how the accident occurred and who may be responsible.
Are Police Reports Always Necessary for Personal Injury Cases?
While police reports can provide you with crucial information, they are not always necessary to get fair compensation. If the defendant does not dispute your claims, or we have enough evidence without the report to prove your claims, the report might not be completely necessary.
How Can I Use a Police Report if it is Inadmissible in Court?
The police report may be used to refresh a witness’s recollection of the accident or impeach their testimony if they are less than credible. Often, the entire report is not admissible, and we may need to specify which portions we want to use as evidence.
Call Our Texas Personal Injury Lawyers for a Free Case Review
Call our Fort Worth personal injury lawyers at The Queenan Law Firm, P.C. for a free case review at (817) 476-1797.