Can I Win My Auto Accident Case Even When the Police Report Said I Was at Fault?

January 2, 2023

When car accident cases arise, the presence of experienced car accident attorneys is an absolute must. This is especially true in some cases where police officers write up a wrongful report. Police officers are not infallible and may assign fault to the wrong party. If you have been assigned fault and disagree with this assessment, you could be wondering if you can still file a car accident lawsuit.

Otherwise, you could be left on the hook for all the associated financial damages. If the police report lists you as the driver at fault, you could also be responsible for injuries. Fortunately, we can help. Even if you are at fault on the police report, you can hire us and still win, as long as the truth is on your side. Here are the main factors that are considered:

Evidence Can Be Contradictory

Police reports are a valuable piece of evidence, but that does not mean that they are the be-all and end-all. The judge and jury that is going to be handling the case are not going to rely on these reports exclusively. When these reports are not fully accurate, a client could be placed in a less than advantageous position if they are unwilling to file a lawsuit.

Clients who have compelling evidence that serves to contradict the police report could win their personal injury trial. Once a car accident has occurred, it is essential for all parties involved to gather all the evidence they can. All of this evidence will help you later. It is also crucial to seek immediate legal counsel.

The personal injury lawyer you select will have an experienced team in place that can take the time to further investigate the accident, round up additional evidence, and obtain statements from witnesses. Depending on the evidence found, the police report may not play a major role after all.

Comparative Fault

Accidents often take place in comparative fault states. In these states, the judge and jury will decide on the amount of compensation for all parties involved by determining percentages of fault. Let’s say they decide that a client is only 50 percent to blame for the accident. That means they are only responsible for 50 percent of the total dollar amount the judge decides upon.

Even if the police report states that you are the driver at fault, you can still receive injury and damage in a comparative fault state. To fight the case, you will need a quality car accident attorney. They can gather the necessary evidence and fight on your behalf. They will work tirelessly to reduce the percentage of fault you are assigned. Doling out faults based on mathematical principles is challenging.

That’s why a judge and jury are ultimately responsible for determining each driver’s percentage of fault. The presence of a car accident lawyer with trial experience is imperative in these cases. With an experienced lawyer on your side, you will have a much better shot at a favorable outcome.

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