Witness Statements vs. Police Reports: What Holds More Weight in a Personal Injury Case?

Being injured as a result of the negligence of others is a frustrating experience, especially if your injuries are serious. Proving to insurance or the courts that the accident wasn’t your doing will be extremely important in the process of recovering compensation. There is a myriad of evidence you can consider bringing to the table, but witness statements and police reports are two common ones. Learn which type of evidence carries more weight and may be more beneficial to developing your case in court, so that you can adhere to the timeline for reporting a personal injury claim and get evidence submitted promptly.

Understanding the Role of a Police Report in a Personal Injury Case

First and foremost, a police report is a crucial piece of evidence that you should always try to obtain. Depending on the circumstances of the accident that occurred, you might not actually be legally required to contact the police, but it’s always recommended. This is because a police report will contain crucial information, including:

1. Officer’s observations of the scene.
2. Statements from drivers. witnesses, or others involved
3. A preliminary determination of fault (if applicable).

Police reports are generally considered to be credible pieces of evidence because they come from an unbiased and authoritative source. However, the primary limiting factor of a police report as evidence is that the officer did not witness the accident firsthand in most cases. So, while the credibility of an officer’s evidence gathering is considered, the fact of what actually happened still remains.

How Witness Statements Contribute to a Personal Injury Claim

On the other side of things, there are witness statements. These are formal write-ups from witnesses who either saw or have insight on the accident itself. There are two types of witnesses you can gather information from:

1. Eyewitnesses: Bystanders, passengers, or other drivers.
2. Expert witnesses: Medical professionals, accident reconstruction specialists, and more.

The primary difference between these two types of that eyewitnesses saw the event or the immediate aftermath, whereas expert witnesses were not there. Rather, expert witnesses use their extensive professional experience to examine the evidence and make a determination of how the accident most likely happened in order to assist with the assignment of fault.

Multiple different witnesses statements corroborating what you’re saying can bolster your case, even if a police report is not present. The biggest problem with witness statements is the credibility of the witness themself, which is often called into question by the opposition.

Police Reports vs. Witness Statements: Which Holds More Weight?

Generally speaking, whether a police report or witness statement holds more weight depends on the situation. A police report might be more influential when official documentation is required, such as in a court or during insurance negotiations. Insurance companies also consider police reports to be more reliable than witness statements, generally, as the objective details from a trained officer carry weight.

However, a witness statement may be more important in situations where a police report was never filed or is incomplete. Also, if an officer arrives late to the scene and some evidence is already gone, having witness accounts can be helpful. On top of this, if there are multiple witness reports available then it is even more helpful as this will have a compound effect.

What to Do If There Is No Police Report

As mentioned, if there was no police report generated after your accident, then having witness reports can make or break your case. After the accident, look around to see if there are any bystanders lingering around who may have seen what occurred. The steps to gathering strong witness statements include getting the following:

• Get full names and contact information.
• Ask for detailed descriptions of what they saw.
• Record statements with their permission or have witnesses write them down.
• Collect photos and videos from the scene.
• Garner medical records and expert opinions.
• Request surveillance footage, if available.

All of the aforementioned information will help you to gather enough evidence to potentially make a difference in your case.

Defend your case in court 

The last thing you want after suffering an injury at the fault of someone else is to have their liability be overlooked. By gathering enough evidence, whether a police report or witness statement, you can build out an effective case to defend your argument. Work closely with a personal injury attorney who can assist you with navigating the nuances of a personal injury case so that you can present your evidence in the most effective manner possible.