Issue link: http://cp.revolio.com/i/811773
THE DEFENDANT CAN'T BLAME THE ACCIDENT ON YOU You can be sure that if the defendant admits fault at the scene of the accident, there is a 50/50 chance he will change his mind later on and then blame the cause of the accident on you. If the defendant admits fault to the police officer at the scene of the accident, it will be very difficult, if not impossible, for the defendant to change his story at a later me. Why? The defendant's memory is more reliable closer to the event in ques on than at a later me. Further, the police know how to ques on par es at the scene of the accident in a manner that allows them to obtain accurate and truthful statements. So as a general rule, if you gave a statement to a police officer at the scene of the accident, that statement will be good. YOUR INJURY IS DOCUMENTED If the police are the first to arrive at the scene of the accident, they will be the first to document your injury with a history of your complaints. If you do sustain an injury as a result of your motorcycle accident and it is documented on the police report, but your medical treatment is delayed, the delayed medical treatment can be related back to the accident. Why? Because it was documented immediately a er the accident that you were injured and a record was established in the police report verifying this fact. The police report is o en the first piece of evidence that verifies injuries in a motorcycle accident. This is very helpful when you are presen ng a personal injury claim because the insurance adjusters will want verifica on of when your injuries first became apparent. If the injury complaints are not made at the scene of the accident, or shortly therea er, the insurance folks love to blame the injuries on a cause other than the motorcycle accident. SETTLEMENT NEGOTIATIONS Police reports are generally not admissible in court to prove the cause of a motorcycle accident because the police officer did not personally observe the collision. Further, the police report is considered inadmissible hearsay unless one of the hearsay excep ons applies. However, the police report can be used in personal injury se lement nego a ons in a powerful way. The insurance adjusters are more likely to believe the police officer rather than the defendant and they know that a jury will feel the same. Moreover, the police report may document the injuries of the motorcycle rider that support the claim for damages being made. Finally, the police report may contain photographs of the accident which verify severity of impact and motorcycle/ vehicle damage. This is important because these are factors that are considered when awarding compensa on to injured vic ms. CALL THE POLICE AND PROTECT YOUR RIGHTS If you're involved in a serious motorcycle accident, call the police for assistance. The police report remains by far the most complete, objec ve record of what happened at the me of the accident. Susan Handel is a lawyer who specializes in personal injury law, with an emphasis on motorcycle accidents resul ng in catastrophic injuries and fatali es. For more informa on visit her on the web at www.handellaw.com or call Toll Free Na onwide 800.564.1164.