By David Peel
In Tennessee, police reports of traffic accidents and traffic citations can’t be used in civil court cases for injuries.
Many people are surprised about this. But remember that the ticket itself is inadmissible hearsay. Unless the police officer watched the accident occur, the police officer is just going by statements and evidence that he, or she sees on the scene.
So, when a police officer issues a ticket, it is actually incorrect to say he, or she is determining fault. To be more specific, he, or she is determining whether or not, there’s probable cause that a traffic law has been broken. And that is why they cite you with an actual violation of the law. These commonly include:
following too closely,
failure to use due care,
improper passing,
speeding,
reckless driving,
Failure to yield, or
failure to keep a proper lookout.
If someone is cited for a traffic offense, they can choose to pay a fine instead of going to court. But if they do this, it can’t be used as evidence in a lawsuit.
Also, a finding of guilty is also not admissible, however, potentially pleading guilty in open court, probably is an admission.
Also, a police officer who didn’t see the accident can’t give their opinion in civil court on how the crash occurred unless they are considered an expert.
They can definitely testify as to what motorists said to them, and what type of damage they saw, the location of the cars, and whether someone appeared intoxicated, for example.
If they are an expert accident reconstructionist, they can testify as to the origin of tire marks on the ground, the approximate speed involved, and the sequence of events of the crash.
Peel seeks justice for those injured in tractor trailer and car accidents, medical malpractice, and disability. He often addresses churches, clubs and groups without charge. Peel may be reached through PeelLawFirm.com wherein other articles may be accessed.
