Illinois law requires drivers to report car accidents involving injuries, fatalities, or property damage exceeding $1,500. Drivers must use the quickest means possible to report the crash, which is usually calling 911 from the crash site. A police officer responds and completes a crash report. It is important to note that proving fault and damages without a crash report could be more challenging. In this blog, our Chicago car accident attorneys explain the importance of crash reports in car accident lawsuits.
Crash Reports Include Useful Information for Car Accident Claims
A car accident report includes information attorneys can use to investigate the cause of the crash and identify who is liable for damages. The information included in an Illinois crash report includes:
- The date, time, and location of the crash
- The names, license numbers, and addresses of each driver
- The name and contact information of the vehicle owner
- The make, model, and year of each vehicle
- Whether the accident resulted in injuries and, if so, whether EMS transported someone to the hospital
- The damage sustained by each vehicle
- Whether either driver received a traffic citation, was exceeding the speed limit, or was using a cell phone
- A diagram and narrative of the accident
- Weather and road conditions
- Names of eyewitnesses
A crash report may include other information that can be useful when pursuing a car accident claim. The officer may include photographs of the accident scene. They may also note whether a driver was impaired or distracted when the crash occurred, and statements made by eyewitnesses and drivers.
Does a Crash Report Establish Liability in a Car Accident Lawsuit?
Even though a police officer states a driver contributed to the cause of a crash on a crash report, it is not proof of liability for damages. The officer stated their opinion based on what they observed at the accident scene.
The information in the crash report is generally considered hearsay as it is based on things seen and heard at the accident scene by the police officer. Therefore, the crash report is generally not admissible as evidence in a car accident lawsuit. However, an attorney can take depositions of witnesses to obtain sworn testimony that could be used in court.
In some situations, a police officer could be called as a witness to testify about specific subjects. For example, if the officer arrested a driver for DUI, the officer may testify about what they observed that led them to believe the driver was intoxicated.
Can Crash Reports Be Used for Insurance Claims?
The crash report can help with a car accident insurance claim. The report is an objective record proving that the car accident occurred. It includes objective evidence about the accident scene and what followed the crash.
Even though the officer’s determination of fault might not be absolute proof of liability, an insurance adjuster may give significant weight to the officer’s determination. The officer’s determination of fault could impact settlement negotiations.
Schedule a Free Consultation With Our Chicago Personal Injury Attorneys
Car accident claims can be challenging to prove. Our legal team at Hale & Monico can help. Call today to schedule a free consultation with one of our experienced Chicago car accident attorneys.