Top 3 Police Report Mistakes in Truck Crash Cases

When you’ve experienced an accident involving a semi-truck, it is important to call the police to the scene of the wreck and file a police report. The report will contain information that provides the initial details of the wreck and witness statements, which allows police to create a story of what they think may have occurred. While this is a vital piece of evidence that can be used to help your attorney build your case, it may not always be accurate.

It is important to understand that despite any inconsistencies, you may still have a case. A board-certified truck accident attorney will have the resources necessary to investigate your accident and discover the truth of what happened.

Here are some of the three most common inconsistencies that an attorney may find in your police report.

1. Police Reports are Often Delayed.

When obtaining the police report for your wreck, there can be delays due to difficulties your attorney may face while trying to get them from the police. This is especially true for catastrophic truck wreck and wrongful death cases because there are many details that must be included before the report is finalized.

In most states, police reports from across the state are consolidated into one system and must be requested from the facility that collects all the reports. Once you or your attorney has obtained the police report number, you can then request it from the facility. Depending on the state, you can go to the local police department to try and obtain it, but it still takes time for the request to process and then have the report sent to you.

2. The Report May Incorrectly Determine Who Was at Fault.

After a wreck occurs, it is the police’s job to collect any evidence they can and get the roads open so that traffic continues to flow. But many police departments do not have the proper equipment or expertise to thoroughly investigate crashes, especially if they involve heavy trucks and commercial motor vehicles. Adequately investigating these accidents often requires a variety of experts, including mechanics and reconstructionists, which can help create a full picture of why an accident happened.

Often, the victims of semi wrecks are seriously injured in the collision. As a result, they are typically rushed to the hospital. Some victims are killed or suffer brain injuries. For these reasons, the victims do not always have the opportunity or ability to talk to the investigating officer. Consequently, the police may base their opinion on the truck driver’s version of the story.

Ultimately, your police report may state that you are at fault for the wreck, even if you are not. It is important to remember regardless of what the police report states, you may still have a case that is worth pursuing. There could be factors the police missed when they conducted their initial investigation because their main focus was clearing the scene of the accident. A law firm that has the resources and team to conduct a thorough investigation may be able to collect evidence that can later prove the accident was not your fault.

3. The Police Report May Be Missing Vital Information or Evidence.

There is a wide range of evidence that can be discovered after a truck wreck, and the police unfortunately may not have all the resources needed to uncover it all. The police will collect some of the most prominent evidence while they clear the roads and list the names of those involved and who witnessed the wreck, but there are many other ways to find information and details that can help your case.

An experienced truck accident attorney will have ample resources and a response team that can find anything the police missed. Using the information in the police report as a starting point can help your attorney investigate the truck driver and the trucking company, file for preservation of evidence and hire experts to collect data from the truck and inspect it, use a private investigator to find witnesses of the accident that may have more information, and use a reconstructionist to discover additional evidence and compare it to what was in the police report. Modern semi tractor-trailers are equipped with the latest technology, including navigation tools, electronic logs, and driver assist technology the police are unfamiliar with, and therefore rarely capture that data.

Not every police department has the means to conduct these investigations or the experience needed to discover the truth of how the accident occurred. The combination of these resources can help an attorney learn why the wreck actually happened and help you get the justice you deserve.

Ask David: Episode 69 of After the Crash with Holly Hinds

David W. Craig is the managing partner and a founding member of Craig, Kelley & Faultless, a personal injury and wrongful death law firm. He has authored two books, Semitruck Wreck: A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, to help victims navigate the legal process.

Holly Hinds is a Litigation Paralegal at Craig, Kelley & Faultless. She has worked with the firm for around 10 years and is a vital member of the legal team, working to help clients seek the justice they deserve.

She and David discussed how important police reports are in auto and truck accident cases and why they may not always be accurate on a recent episode of After the Crash, David’s free podcast. Ranked fourth-best personal injury podcast by FeedSpot, After the Crash educates and empowers listeners.

Holly asked David questions about how police reports are acquired, what happens when a police report is wrong, and more about the legal industry during episode 69.

Want to Know More? Check Out These Resources

Everything in this article — and even more — is discussed at length by attorney David W. Craig in Semitruck Wreck: A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, available on Amazon.

Check out David’s “Red Flag” series to learn more ways to spot the wrong law firms or lawyers.

Learn more by following Craig, Kelley & Faultless on Facebook, LinkedIn and YouTube.

The attorneys at Craig, Kelley & Faultless are nationally recognized and have helped clients across the country recover from life-altering wrecks. They are prepared to fight insurance companies and motor carriers on your behalf.

Both attorneys David W. Craig and Scott A. Faultless are board-certified in truck accident law by the NBTA, accredited by the American Bar Association. The firm also has a rapid response team—including investigators, reconstructionists and mechanics—that is sent to the scene of a wreck to collect evidence as soon as the firm is hired.

For a free case consultation, contact the team at Craig, Kelley & Faultless today by calling (888) 253-5198 or submitting an online form.

David W. Craig is a nationally recognized truck accident lawyer who sits on the Board of Regents of the Academy of Truck Accident Attorneys. He is board certified by the National Board of Trial Advocacy, accredited by the American Bar Association in Truck Accident Law. He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. He was the recipient of the National Thurgood Marshall “Fighting for Justice” Award for his work helping victims of truck wrecks. David is the author of Semitruck Wreck: A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, written to help people navigate a terrible situation by answering questions that come after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow Indiana law safety protocol regarding speed, weather conditions, maintenance upkeep, etc.