If you have ever been involved in a car accident, truck accident, motorcycle accident, or pedestrian versus car accident in Miami-Dade, Broward or the Palm Beaches, you may be familiar with the phenomenon - no tickets were given to any party!
Officers who arrive at the scene of an accident, are usually not witnesses to the actual accident. Police officers try to get enough information about the accident in order to piece together what actually happened. Many times there are conflicting stories. It is even possible that the police officer doesn't get all the facts or just simply gets the facts wrong. However, it is important to note that an actual police report is not admissible in Court - this encourages people to be honest regarding the facts and events leading up to an accident. Please note that Insurance companies do take the police reports into account when making their decisions to pay claims.
It is true that a police report allows insurance adjusters and your attorney to evaluate the case and make determinations whether your case is strong or weak. However, it does not mean that you do not have a case if no tickets were given out. In fact, these cases where no tickets are issued are the ones that attorneys usually battle it out with the insurance companies.
In addition, accident reconstruction experts can be hired in order to reconstruct scenes and prove who was at fault for the accident. They take into consideration 1) the resting places of the cars; 2) skid marks; 3) weather conditions; 4) testimony of witnesses; and 5) the data from the black box in the vehicles.
If you are involved in a car accident, it is important that you try to obtain as much evidence that you can regarding the crash and your injuries - since the accident report is not admissible. For example you should:
1. Take photographs of the vehicles and the scene of the incident;
2. Take photographs of all injuries involved in the accident;
3. Obtain insurance information for the individual who caused the accident; and
4. Obtain the name and contact information for any and all witnesses.
If you or a loved one have been involved in a motor vehicle accident, you should speak to a lawyer who specializes in car accidents as soon as possible. An experienced personal injury attorney such as Olga Porven, will work to preserve your rights. Olga Porven, a former insurance defense attorney, has the insight into what the insurance companies strategies are in defending personal injury cases.
If you or a loved one have been injured as a result of the negligence of another, contact us for a free consultation or call us at 305-901-1227.