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Police Report Says I’m at Fault. Can I Still File a Car Accident Claim?


Vehicle collisions happen so quickly that it’s not always easy to figure out what caused them. It might seem obvious at first glance, but sometimes information that will show that the accident wasn’t your fault will come out after the fact.

Police are known to make mistakes, especially when it comes to their “investigation” of auto wrecks. They are in a hurry to get the accident scene cleared off the roadway so traffic can get moving again and they can get on with their day.

What they think happened is put into their report, but their opinions are based on the information they have at that moment. They interview witnesses, examine tire skid marks, and come up with their best guess as to what caused the crash. They do this in a very short amount of time without putting a lot of effort into the matter.

Police officers aren’t perfect, and their police reports can often be wrong. You may still be able to file a claim for compensation after your auto accident.

What to Do if the Police Report Says You Were at Fault for Your Car Crash

If you see that the police report for your accident names you as the at-fault driver, you may think you can’t file a claim for compensation against the other driver, but that’s not always the case. What’s important is that you have evidence that contradicts the police report and is convincing enough to make the police report seem incorrect.

For instance, suppose the police report states that you were at fault for an intersection collision. Now let’s say that four witnesses later came forward to say that you were not the driver who was to blame, and it was in fact the other driver who ran a red light and crashed into you. These witness statements could outweigh the police report as evidence.

If you believe that you weren’t the at-fault party, don’t just give up on filing an auto injury claim. It could be possible to find enough evidence to contradict the police report. Instead of shrugging your shoulders and giving up, contact a lawyer who can investigate your accident and prove what really happened.

What if Both Parties Were Partly at Fault?

You may also find yourself in a situation where both you and the other driver were somewhat at fault for the accident. If that’s the case, you can still file a claim against the at-fault driver in Louisiana. Our state’s laws allow you to receive compensation in an amount equivalent to the amount of fault assigned to the other party.

For instance, if the other driver was 75 percent to blame for the accident, they are liable for 75 percent of your total damages.

Speak with a Lawyer About Your Baton Rouge Car Crash Claim

Don’t give up on your claim without at least talking to a lawyer about your options first. Attorneys at our firm offer a free legal consultation, so you have no reason not to reach out and tell us about your case. You may be owed compensation for your accident—despite what the police report says.

Contact Spencer Calahan Injury Lawyers through the online contact form below, or give us a call at 225-387-2323.