When pursuing a personal injury claim in Jackson, Madison, or Rankin Counties, Mississippi, a law enforcement report can serve as a cornerstone of your case. These official documents provide an objective, third-party account of the incident and often contain crucial details that can significantly impact the outcome of your claim. There are times when the accident report is wrong. This can happen for any number of reasons. We will discuss that problem in this article.
Why Police Reports Matter in Personal Injury Cases
Law enforcement reports can carry substantial weight in personal injury claims for several compelling reasons:
- Establishes an Official Record: The report creates an immediate, dated record of the incident, preventing disputes about when and where the injury occurred.
- Contains Witness Information: Officers typically collect contact information from witnesses at the scene, providing valuable testimony sources that might otherwise be lost.
- Documents Environmental Factors: Reports often include details about weather conditions, road hazards, lighting, or other environmental factors relevant to proving negligence.
- Includes Officer Observations: Trained law enforcement personnel may note important observations about the scene, including skid marks, property damage, or the apparent condition of involved parties.
- May Contain Preliminary Fault Determinations: While not legally binding, an officer's assessment of who was at fault can strongly influence insurance adjusters and settlement negotiations. This can be problematic.
- The Report Can be Wrong: Let me explain. Courtney and I represented a young boy killed on a motorcycle. Based on the police report, it appears the young boy ran into the back of the car. The law enforcement official came upon the scene and saw what appeared to be a rearend accident. He put that in the report. What he did not know was the car was blocking both lanes when the young boy came around a corner. Then the car pulled into the motorcycle’s lane. The car left the scene, and the driver was located and arrested for DUI and leaving the scene of an accident with a death. Courtney and I moved quickly to find and interview the witness. We learned immediately the young boy was not at fault.
Types of Information Found in Jackson, Madison, or Rankin Police Reports
A typical law enforcement report from the Jackson Police Department, Hinds County Sheriff's Office, and other local law enforcement will contain:
- Date, time, and exact location of the incident
- Identifying information for all parties involved
- Statements from those involved and witnesses
- Diagram of the accident scene
- Weather and road conditions
- Citations issued or laws violated
- Photographic evidence (in some cases)
- Officer's narrative of the incident
How to Obtain Law Enforcement Reports in Jackson
- In-Person Requests: Visit the Jackson Police Department Records Division at Police Headquarters (327 E. Pascagoula Street) during business hours. If the Mississippi Department of Public Safety investigated the accident, you can order the report from the online portal.
- Online Requests: Many departments now offer online request portals through their official websites.
- Mail Requests: Submit a written request with the required information (date, time, location of incident, names of parties involved).
- Through Your Attorney: Personal injury attorneys routinely handle report requests for their clients, often expediting the process.
Most departments require payment of a processing fee, typically $10-25 per report. Reports generally become available 7-10 business days after the incident.
Maximizing the Value of Police Reports in Your Claim
To leverage the full potential of law enforcement documentation:
- Request the Report Promptly: Reports may become more difficult to obtain as time passes.
- Review for Accuracy: Check all details immediately upon receipt and request amendments if errors are found.
- Highlight Favorable Information: Ensure your attorney emphasizes beneficial aspects of the report in communications with insurers.
- Address Inconsistencies Proactively: If the report contains information contradicting your claim, work with your attorney to gather additional evidence that clarifies these points.
- Use as Foundation for Further Investigation: The report should serve as a starting point for more comprehensive evidence gathering.
- Accident Reconstructionist: Frequently when we get involved in a wreck that involves death or serious injury, we hire an accident reconstructionist. This is a professional who goes out to scene to view all the physical evidence. The reconstructionist can offer an opinion in Court as to who was responsible for the accident.
When Police Reports Aren't Available
Not all personal injury scenarios involve law enforcement. If no report exists:
- Document the scene yourself with photographs
- Collect witness contact information independently
- Report the incident to relevant authorities (property owners, business management)
- Seek medical attention immediately to create an official record
- Consider filing a late incident report when possible
Working with Your Attorney
An experienced personal injury attorney can help you:
- Interpret the legal significance of information in the report
- Identify inconsistencies or omissions that need addressing
- Use the report effectively in settlement negotiations
- Depose the responding officer if necessary
- Supplement the report with additional expert analysis when beneficial
Conclusion
Law enforcement reports from Jackson police and Hinds County sheriff departments provide invaluable, objective documentation that can significantly strengthen your personal injury claim. By understanding how to obtain these reports and leverage the information they contain, you position yourself for a more favorable outcome in your case. Remember that while these reports are powerful tools, they work best as part of a comprehensive approach to documenting your injury claim.
If you are involved in a serious auto wreck or one involving death, call Coxwell & Associates, PLLC, immediately. Acting fast can make a critical difference in serious injuries or death.