Being in a car accident is a traumatic life event, especially if you are seriously injured. However, we must remember that even so-called “minor” car accidents can cause injuries with long-term consequences. A case of whiplash can result in a permanent impairment that can make it difficult to return to normal activities. Therefore, it is very important to report all accidents to the police, seek medical attention as soon as possible, and consult with an experienced Erie car accident attorney.
However, what if the police officer says that you caused the crash, or you contributed to the cause of the crash? Do you still have a case?
Police Officers Can Get It Wrong
Police officers can make mistakes, especially in car crashes in which the officer is taking the word of one driver over another driver. A police officer arrives at the accident scene, performs a quick assessment of the situation, and takes statements from both drivers. If there are no witnesses, it can come down to the position of the vehicles and the drivers’ stories. If the drivers moved the vehicles to the side of the road, it could be even more difficult for an officer to determine fault.
Even if the vehicles are positioned just as they were at the time of the crash and there were witnesses or other passengers in the vehicles, a police officer can still make a mistake. However, it can be difficult to overcome a presumption of fault recorded in a police report. The insurance company for the other driver is going to use the police report as “evidence” that their driver is not at fault to deny your accident claim. If there is any doubt, the company could argue that you were partially at fault and did not deserve full compensation under Pennsylvania’s modified comparative fault laws.
The insurance company for the other driver will use any reason to deny or undervalue your insurance claim, including an erroneous police report. What can you do?
Hire an Experienced Erie Accident Attorney
Do not allow an insurance adjuster to convince you that you have no option but to abandon your injury claim or accept a low settlement offer. You need to consult with an attorney to discuss your case before you make any decisions. The adjuster does not have your best interest in mind when attempting to settle the claim. However, an attorney will objectively assess the claim and advise you of your rights and options.
A police report is not conclusive proof of fault in a car accident case. The officer is only basing his findings on what he was told unless he conducted a thorough investigation of the accident scene, including examining any physical evidence and interviewing eyewitnesses. If you know you did not cause the accident or the other driver is partially at fault, do not let a negative police report stop you from getting advice from an experienced attorney.
Call Now for Your Free Consultation
Call The Travis Law Firm at (800) 401-2066 to request a free legal consultation with an experienced car accident attorney in Erie. We will provide a free case review and give you an unbiased legal opinion regarding your options for recovering compensation for your damages.