March 23, 2018
When the police arrive on the scene of an auto accident, the officer is responsible to prepare a Kentucky Uniform Police Traffic Collision Report. The officer at a minimum is to inspect the vehicles and the scene, obtain statements from the drivers and other witnesses, prepare a narrative on how the accident happened, and assign both human and vehicular factors contributing to the accident. In very general terms, the officer will often consider Unit #1 the at-fault party while Unit #2 is not. The Report is relevant as it contains important information which is helpful to the drivers, insurance companies, and attorneys. But in Kentucky, the Report itself is not admissible at trial. That is very important to understand. I have represented drivers listed as Unit #1 and successfully recovered damages for them from Unit #2’s insurer. The Report will not be seen by the jury. In any case, the attorney must conduct a proper investigation which includes speaking to independent witnesses, taking photos of the scene, using an investigator, and hiring an expert witness if appropriate. So regardless of the Unit assigned to you in the Report, consult an attorney if you are injured in an accident. Ultimately the jury will make the final call.
CATEGORIES: Insurance Law