When incorrect information is in a police report, the mistakes can prevent you from getting the compensation you deserve if you got hurt in an accident. Fortunately, there are ways to minimize the negative consequences of the wrong data.
Generally, courts consider police reports as credible evidence of what happened, so we have to convince the judge that the information was clearly in error. It is not enough to show that the officer might have been incorrect. You must prove with indisputable evidence that the police report is wrong.
How to Dispute Types of Errors on Police Reports
The way to challenge a mistake on a police report will depend on the type of error. In some situations, you might be able to get the report corrected by the officer. In other instances, you might have to gather evidence of what happened and present the information in court. Here are some examples of ways a police report can be wrong:
- Your name is misspelled. You can take a government-issued identification to the police station and request that the report is changed to the correct spelling of your name on the ID.
- Your address is wrong. Go to the police station, taking along your government-issued ID and several additional items, like utility bills, to prove your address.
- Sometimes a report will contain conflicting information. For example, the report might state the date of the accident as March 3 in all locations but one, which gives the date of March 8. If you draw the officer’s attention to this typographical error, he might voluntarily file a supplemental report, updating the information.
If the officer unfairly blamed you for the accident, you might need an accident reconstruction expert to prove that the officer got the facts wrong at the scene of the crash. This can be necessary when the police report is wrong in serious ways.
These experts can investigate the accident, take measurements, and make calculations. They can then create physical exhibits, like charts or computer-generated videos to prove that the police report is wrong.
What Our Case Argument Might Look Like
- The police report incorrectly says that you were speeding. The accident reconstruction expert might be able to calculate the speed at which your car was traveling to prove that you were not exceeding the speed limit.
- The officer said that you caused the accident by making an illegal left turn into oncoming traffic. In reality, the defendant caused the crash by making an illegal left turn into your lane of traffic. An expert can review the damage to the vehicles and demonstrate that the officer was wrong, and the damage to your vehicle does not correspond to the information in the report.
- The defendant caused the wreck by distracted driving, but the police report does not state that fact or charge the defendant with the accident. You saw the defendant texting just before the crash—violating FL § 316.305. Your lawyer might be able to prove this fact by obtaining the cell phone records of the defendant.
- Sometimes we can present witnesses who can testify as to what happened and challenge an incorrect police report.
The Montero Law Group Can Help with Your Incorrect Police Report
The way to approach cases involving incorrect information in police reports will depend on the facts of the situation. Call the Montero Law Center today at (954) 767-6500 for a free consultation before the statute of limitations under FL § 95.11 to act on your accident passes.