The public expects the police to do their job, but sometimes, the police make mistakes. Maybe they hurried through their investigation too quickly or they cut corners or they simply did not care enough to put in the effort. In matters of personal injury, shoddy police work can mean the difference between the injured party getting restitution and getting nothing at all.
Quick Decisions Mean Poor Outcomes
Police are often overworked and their departments understaffed, and we understand that. Police may make quick decisions because they are tired or stressed and they just want to be done with their work and go home. However, these kinds of problems often lead to snap judgments that can hurt people. When police fail to investigate a personal injury event properly, they can decide the duty of responsibility in the wrong way. They can place blame or assign fault on the wrong party.
When they do that, it is very difficult for the courts of the defendant to reverse the decision. Often, the judge will side with police when a case comes into court, and the insurance company will often do the same. Once the police have filled out their report and made their determination, the injured person is often stuck with that assigned fault. That truly does add some insult onto the injury, and it can be tough to cut through the red tape and expose the problem.
Injured Persons often Have Little Recourse
The sad fact is that people who are the victims of poor police reporting are often able to do very little about it. They could hire Vancouver law firms to represent them, and that could help them better present their case to the courts, if the case goes that far. However, it will still be hard to prove negligence on the part of the police officer or police department. It would also be difficult to successfully sue the police department.
Hiring a lawyer to help could be a good move if the injured person believes that the police have filed a shoddy report. They can at least get some representation and not have to fight the battle on their own. Their lawyer can also advise them if they have a viable case and if they have a good chance of winning that case if it were to be taken to court. A lawyer can help them with the next step as well, instructing the injured person on what to do and how to ensure they have their best chance of getting a payout of some kind.
What to Do When Suspecting Poor Police Reporting
Let’s imagine that you have been in an accident and the police have investigated. They came to the scene and wrote up a report, and perhaps they went to the hospital later to follow up with you for some additional questioning. Then, they made their determination of fault and filed their report.
If you have been assigned guilt and you believe that you are innocent, then what do you do? First of all, try to keep your cool. Don’t overreact or blow up at the police. That could get you into further trouble and just make things worse for you.
Instead, gather all the evidence and reports that you can. Get the police report and the medical reports. Write down any information you can remember about the incident and how it occurred. Be sure to keep track of the date and location of the event and write down your side of the story as well.
You should also talk to your family members or anyone else who was present at the time of the accident to get a statement from them. Do their accounts line up with yours? If so, then you may have a case against the police for negligence. If you have the facts on your side, then you will be well positioned for a win. Your insurance company may even side with you if you have enough solid information to back up your account.
These Cases Can Get Messy
As you may be able to imagine, police do not like their reports being questioned. Even in cases when police have wrongly identified vehicles and assigned blame where it was clearly not due, police have backed up their reports and stood firm on their decisions.
In cases like this, it does not have to be your word against their word. If that is all it is, then you may lose out in the court. But if you can produce video evidence or firsthand accounts from other people, then you can strengthen your case. If the facts show that the police report was in error, then what started as a complicated case can quickly become a slam dunk. You can walk away with a judge’s decision that is in your favor and that will ensure that your insurance company will cover you. In order to get there, you will have to put in the work. Hire a lawyer or source the facts yourself. Either way, make sure that you have compelling evidence to show to the courts.
In the best case scenario, the officer who wrote up the report will not even show up in court. If that happens, then the judge may quickly rule in your favor and rule that the police documents were in error. With no one to defend the erroneous report, the case could proceed quickly.
This is a tricky situation, though, and it can quickly spiral into something much bigger than a simple personal injury case. If it pulls in police officers and the police department, then you probably want to secure a lawyer to help you fight for your rights. People often want to believe that the police will look out for the little guy, but the reality is that they often look out for their own first and foremost. Make sure you have the facts and a good lawyer on your side in these instances.
