One of the first steps after someone injures you is to report it to the police. The police will note the pertinent details of the accident, the other party’s statements, and their opinions regarding liability.
This would seem like a great piece of evidence to use in your injury case, but unfortunately, police reports are not admissible as evidence in a personal injury trial since they are considered hearsay. At least, the whole report cannot be admitted. Some parts of your police report might be exempt from the hearsay rule, allowing us to admit the section as evidence, like the accident’s facts. However, the police’s observations not based on firsthand observations will usually be barred, but we could have them testify in your trial if what they know is critical to proving an element of your claim.
Contact Agrapidis & Maroules, P.C. at (201) 777-1111 for a free case evaluation with our New Jersey personal injury lawyers.
Are Police Reports Admissible as Evidence in New Jersey Personal Injury Lawsuits?
In general, New Jersey courts want as much relevant evidence as available to help determine the outcome of lawsuits. According to N.J.R.E. 401, evidence that tends to prove or disprove any consequential fact in the case is relevant. Police reports seem to fit that definition since they are full of details that can help prove the defendant’s liability, including observations made by the police and witnesses. They would technically be admissible under Rule 402 if other rules of evidence did not render parts of the report inadmissible in a personal injury trial.
The hearsay rule is the major roadblock to a police report’s admissibility as evidence. According to Rule 801(c), “hearsay” is any statement a “declarant” made outside of court, meaning they did not say it while testifying during the current hearing or trial, and is offered to prove the truth of the issue claimed in the statement. Under Rule 802, hearsay is inadmissible unless an exception applies that allows it in.
The facts, statements, and conclusions in a police report are considered hearsay, so as a general rule, police reports are inadmissible as a whole. However, our New Jersey personal injury attorneys are familiar with evidentiary exceptions permitting us to admit parts of the report as evidence. Below explains what information can be admitted and what is barred by the hearsay rule:
Facts in the Report
The facts in the police report can usually be admitted as evidence under Rule 803(c)(6), the exception for records of a regularly conducted activity, or 803(c)(8)(A), the exception for public records, reports, and findings. The hearsay rule does not exclude written statements made by public officials if it is within the scope of the official’s duty to take the reported statement. Since police officers are public officials and drafting accident reports is a regularly conducted activity within the scope of their duty, the facts are usually trustworthy enough to overcome the hearsay rule.
Before admitting the report, it must be certified that the police prepared it in the regular practice of their governing duties. Some states require the investigating officer to testify, but in New Jersey, any other police official who can testify that the report was made at or near the time of the accident and done so in the regular course of the officer’s duties will suffice if the investigating officer is unavailable, according to Manata v. Pereira. If the report meets the exception, it would allow us to admit the officer’s observations recorded in the report.
The Defendant’s Statements
The defendant will likely also speak to the police when investigating the accident. Their statements can be extremely useful, especially if they admit to a key fact proving liability, such as confessing to police that they ran a red light. But, the defendant’s statements in the report were made out of court, making it hearsay. In fact, these statements are hearsay within hearsay but are not excluded if they also meet an exception to the hearsay rule, according to Rule 805.
Under Rule 803(b), statements by a party-opponent are exempt from the hearsay rule if they are the party’s own statements or statements made by a person authorized to speak for the opponent on the subject. In your lawsuit, the defendant would be the party opponent, so we should be able to qualify their statements under this exception after admitting the report under Rule 803(c)(6) and 803(c)(8). If the defendant lies or misremembers while testifying in court, we can use their statements from the report to impeach their credibility and prove the truth of the fact we are asserting.
Police Observations, Opinions and Conclusions
Police reports reserve a spot for the narrative section, which typically includes what the officer observed, statements made by the drivers and witnesses, and the officer’s opinions and conclusions regarding fault. Unfortunately, much of this information will likely be inadmissible as evidence since it is hearsay unless it meets an exception.
Certain facts in the narrative section can usually be admitted under Rule 803(c)(6) and 803(c)(8) if they are based on the officer’s personal recorded observations. For instance, the officer stating they arrived on the scene at 9:00 p.m. and witnessed two damaged vehicles and you with visible injuries would likely be admissible. However, if the statement were the officer’s opinion or conclusion that one driver was responsible based on what they observed, it would be inadmissible since they did not witness the accident themselves. Generally, the officer’s opinions on fault are not usually allowed.
Anything based on secondhand information the police receive from other parties involved in the accident is inadmissible hearsay, and an exception will be needed to get the statement in. If the police reported that the other driver admitted to having a few beers before the accident, the information could be admitted as the statement of a party opponent under Rule 803(b).
Secondhand information from eyewitnesses is also generally inadmissible hearsay unless it can be admitted under Rule 803(c)(1) or 803(c)(2).
Call Our New Jersey Personal Injury Lawyers Now for Help Gathering Evidence to Prove Your Claim
For a free case review with our Union City, NJ personal injury attorneys, call Agrapidis & Maroules, P.C. at (201) 777-1111.