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Law Office of Robert Mansour
Santa Clarita Personal Injury Blog

Police Reports

7/5/2011

 
How Traffic Collision Reports Affect Santa Clarita Car Accident Claims

A traffic collision report can be an important piece of evidence after a car accident in Santa Clarita, Valencia, Saugus, Canyon Country, Newhall, Castaic, or Stevenson Ranch. Depending on the circumstances, the report may contain information about the drivers and vehicles, witness statements, road conditions, injuries reported at the scene, citations, and the investigating officer's observations.

But a police or traffic collision report is only one piece of the evidence in a personal injury case. An officer's initial assessment of what happened does not necessarily determine who is legally responsible for your injuries. Insurance companies, attorneys, and courts may consider many other sources of evidence, including photographs, video footage, witness testimony, vehicle damage, medical records, and expert analysis.

If you were injured in a car accident, obtaining and preserving the collision report can nevertheless be an important early step.

Key Takeaways
  • A traffic collision report can provide important information about drivers, vehicles, witnesses, injuries, citations, and the investigating officer's observations.
  • Not every car accident results in a formal police or CHP report. The absence of a report does not automatically mean the accident was minor or that you cannot pursue an injury claim.
  • Tell responding officers about injuries and symptoms as accurately as you can. Do not minimize pain simply because you initially feel capable of continuing with your day.
  • Some injuries may not become apparent until hours or even days after a collision. A delayed onset of symptoms does not automatically mean an injury was unrelated to the accident.
  • An officer's determination of a primary collision factor or traffic violation is not necessarily the final determination of civil liability.
  • Your attorney can use the collision report as a starting point for an independent investigation of how the accident happened and who may be legally responsible.
  • If you have a report number, provide it to your attorney. Your lawyer may be able to request the report and other available records from the agency that investigated the collision.

What Is a Traffic Collision Report?

A traffic collision report is a record prepared by a law enforcement agency after investigating certain vehicle collisions. Depending on where the accident occurred, the investigating agency could include the California Highway Patrol (CHP), Los Angeles County Sheriff's Department, or a local police department. The contents of a report vary depending on the circumstances of the collision and the investigating agency.

A report may include information such as:
  • Names and identifying information for the drivers
  • Vehicle information
  • Insurance information
  • Driver statements
  • Witness information
  • Descriptions of the accident scene
  • Roadway and weather conditions
  • Officer observations
  • Injuries reported at the scene
  • Property damage
  • Citations issued
  • Diagrams or measurements
  • The officer's description of how the collision occurred
  • Potential traffic law violations

In some cases, additional materials may exist separately from the written report, such as photographs, videos, recordings, or other investigative materials.

Does Every Car Accident in Santa Clarita Result in a Police Report?

No. Whether law enforcement responds to an accident and whether a formal collision report is prepared depends on the circumstances and the policies and procedures of the responding agency. California law requires drivers involved in certain collisions to stop, exchange information, and comply with other reporting requirements. Additional requirements can apply when an accident results in injury or death. For example, California Vehicle Code § 20008 generally requires the driver of a vehicle involved in an accident resulting in injury or death to make a written report to the California Highway Patrol or police department within 24 hours when a report by law enforcement is not otherwise required under the circumstances.

This means you should not assume that you are without legal recourse simply because an officer did not come to the scene. If you were injured but no officer prepared a report, an attorney can help determine what other evidence is available to document the accident and your injuries.

What If the Police Did Not Come to the Accident Scene?

It is relatively common for drivers involved in less serious collisions to exchange information without having an officer conduct a full investigation at the scene. If police or CHP did not respond, try to preserve as much other evidence as possible.

For example:
  • Take photographs of the vehicles.
  • Photograph the accident scene.
  • Photograph traffic signs and signals.
  • Photograph visible injuries.
  • Obtain witness names and contact information.
  • Save dashcam or surveillance video.
  • Exchange insurance information with the other driver.
  • Write down what you remember about how the collision occurred.
  • Seek appropriate medical attention if you develop symptoms.
  • Keep records of your medical treatment.

The absence of a police report may make certain aspects of an accident more difficult to prove, but it does not automatically defeat a personal injury claim.

Why Is It Important to Tell the Officer About Your Injuries?

If an officer responds to your accident, accurately describe any pain, symptoms, or physical problems you are experiencing. Do not feel pressured to tell an officer that you are "fine" simply because you do not believe you need an ambulance. Some people experience little discomfort immediately after a collision and develop more noticeable symptoms later.

For example, a person may initially feel fine after a rear-end collision and subsequently develop:
  • Neck pain
  • Back pain
  • Headaches
  • Shoulder pain
  • Dizziness
  • Muscle stiffness
  • Numbness or tingling
  • Difficulty concentrating

This does not mean that every delayed symptom was necessarily caused by the collision. The important point is that the absence of immediate severe pain does not automatically rule out a later-diagnosed injury. If you are experiencing symptoms, tell the responding officer honestly and seek appropriate medical evaluation.

What If I Told the Officer I Wasn't Injured?

Don't panic. People sometimes tell an officer they are not injured because they genuinely do not realize they have been hurt, because they are focused on the accident itself, or because their symptoms develop later. A "no injury" notation in a collision report can become an issue in a disputed injury claim, particularly if there is a substantial gap before medical treatment begins.

An insurance company or defense attorney may argue that the lack of reported symptoms undermines the claim. But the notation is not automatically conclusive evidence that you were uninjured. The significance of the notation depends on the circumstances.

Other evidence may help establish what happened, including:
  • Medical records
  • Statements to family members or coworkers
  • Photographs
  • Witness testimony
  • Subsequent medical examinations
  • Diagnostic imaging
  • Physical therapy records
  • Employment records
  • Expert medical testimony
  • The nature and severity of the collision

The most important thing is to be truthful and consistent about when your symptoms began and how they progressed.

What Information Can a Traffic Collision Report Contain?

The precise contents vary, but a California traffic collision report may contain valuable information for an attorney investigating an accident.

Driver and vehicle information

The report may identify the drivers and vehicles involved and may contain information concerning:
  • Names
  • Addresses
  • Driver's license information
  • Vehicle information
  • Registration information
  • Insurance information

This can help your attorney identify the people and insurance companies involved in the claim.

Witness information

Witnesses can be particularly important when the drivers disagree about how the collision happened.
A report may contain names and contact information for witnesses who were identified at the scene. Your attorney may then be able to contact those witnesses and determine what they actually observed.

Officer observations

The investigating officer may document observations about:
  • Vehicle positions
  • Damage
  • Roadway conditions
  • Traffic controls
  • Weather
  • Statements made at the scene
  • Apparent injuries
  • Physical evidence
  • Driver conduct

These observations can provide useful leads for an independent investigation.

Traffic violations and citations

The report may identify an alleged violation of the California Vehicle Code. For example, an officer may identify a potential violation involving unsafe speed, failure to yield, following too closely, or another traffic offense. A citation or violation can be relevant evidence, but it does not necessarily resolve every issue concerning civil liability.

What Is the Primary Collision Factor?

California traffic collision reports may identify a Primary Collision Factor (PCF) and may identify a related vehicle code section. The PCF is essentially the investigating officer's assessment of the primary factor contributing to the collision. For example, the report may identify a traffic law violation that the officer believes contributed to the accident. This information can be useful to a personal injury attorney investigating liability.

However, it is important to understand the distinction between an officer's collision investigation and a civil personal injury case. The officer's conclusion is not automatically the final word on legal responsibility.

Does a Police Report Determine Who Is At Fault?

Not necessarily. A traffic collision report can be powerful evidence, but an officer's conclusion does not automatically establish civil liability. For example, an officer may believe that one driver violated a traffic law.

But a personal injury case may involve additional questions, such as:
  • Did another driver also contribute to the accident?
  • Was there a mechanical problem?
  • Was the roadway improperly designed or maintained?
  • Does available video contradict the officer's initial understanding?
  • Did a witness observe something the officer did not see?
  • Does vehicle damage reveal a different sequence of impacts?
  • Are there photographs or electronic data that provide additional information?

California follows comparative negligence principles in personal injury cases. Consequently, determining responsibility may require a more detailed analysis than simply identifying which driver received a citation.

What Other Evidence Can Be Used With a Traffic Collision Report?

A strong car accident investigation usually involves more than obtaining the police report.

Depending on the circumstances, your attorney may examine:

Photographs

Photographs can document vehicle damage, roadway conditions, traffic controls, debris, skid marks, visibility, and injuries.

Video Dashcam recordings, surveillance footage, traffic-camera footage, and cellphone video can sometimes provide direct evidence of how a collision occurred.

Witness testimony

Independent witnesses can provide information about what they saw and heard before, during, and after the collision.

Vehicle damage

The location and severity of vehicle damage can help establish the direction and mechanics of an impact.

Medical records

Medical records can help establish the nature of your injuries, when you first sought treatment, what symptoms you reported, and how your condition progressed.

Accident reconstruction

In serious or disputed cases, an accident reconstruction expert may be able to analyze vehicle damage, photographs, measurements, video, roadway conditions, and other evidence to evaluate how the collision occurred.

How Can a Traffic Collision Report Help My Personal Injury Claim?

A collision report can help your attorney in several ways.

First, it can provide a starting point for the investigation.

Second, it can identify people who may have information about the accident.

Third, it may preserve observations made shortly after the collision, before memories have faded.

Fourth, it may identify potential traffic violations or other facts that support your version of events.

Finally, it can help your attorney identify areas where additional investigation is necessary.

But your attorney should not simply accept everything in the report without investigation.

A good personal injury investigation asks whether the available evidence supports the conclusions in the report.

What If the Police Report Is Wrong?

Police officers are human, and an accident report can contain mistakes or incomplete information.

For example, the report could contain:
  • An incorrect description of the collision
  • An incorrect vehicle position
  • An inaccurate statement attributed to a driver
  • An incorrect witness identification
  • An incomplete description of an injury
  • A misunderstanding about how the collision occurred

If you believe the report contains a significant error, tell your attorney. Your lawyer can compare the report with other evidence and determine whether the discrepancy matters to your claim.

Depending on the circumstances, there may also be procedures for requesting a correction or supplement, although the appropriate process depends on the agency and the nature of the alleged error.

How Do I Get a Traffic Collision Report in Santa Clarita?

The agency that investigated the collision generally maintains the report. For an accident in the Santa Clarita Valley, the appropriate agency may be the California Highway Patrol, Los Angeles County Sheriff's Department, or another law enforcement agency, depending on where the collision occurred.

If you were given a report number at the scene, keep it and provide it to your attorney. Your lawyer can help determine which agency has the report and what records may be available. If you do not have the report number, that does not necessarily prevent you from obtaining the report. Information such as the date, location, names of the parties, and investigating agency may help identify the incident.

What If I Was Injured in a Car Accident Without a Police Report?

You may still have a personal injury claim. A police report is helpful evidence, but it is not a prerequisite for every personal injury claim.

If there is no report, your attorney may rely on other evidence to establish:
  1. That the collision occurred;
  2. Who was involved;
  3. How the collision happened;
  4. Who was responsible;
  5. What injuries you sustained; and
  6. What damages you suffered.

That evidence could include photographs, witness statements, medical records, vehicle damage, insurance records, video, and other documentation.

Talk to a Santa Clarita Car Accident Lawyer About Your Collision Report

If you were injured in a car accident in Santa Clarita, Valencia, Saugus, Canyon Country, Newhall, Castaic, or Stevenson Ranch, obtaining the traffic collision report can be an important part of investigating your claim. But the report should be viewed as one component of a larger investigation.

Whether the accident occurred on the I-5, Highway 14, Soledad Canyon Road, McBean Parkway, Valencia Boulevard, Bouquet Canyon Road, or another roadway in the Santa Clarita Valley, the evidence surrounding the collision can make an important difference in determining what happened and who may be legally responsible. A personal injury attorney can review the collision report, investigate additional evidence, evaluate your injuries and damages, and help determine what legal options may be available.

If you have a copy of the collision report, bring it to your attorney. If you do not have one, your lawyer can help determine whether a report exists and how it can be obtained.

Frequently Asked Questions

1. Do I need a police report to file a car accident injury claim in California?

No. A police report can be valuable evidence, but it is not necessarily required to pursue a personal injury claim. Other evidence can potentially establish how the accident happened, who was responsible, and what injuries and damages resulted.

2. Does a police report prove who was at fault?

Not necessarily. An officer's observations and conclusions can be important evidence, but civil liability is ultimately determined based on the evidence and applicable law. A personal injury attorney may investigate evidence that was not available to the investigating officer.

3. What if the police report says I was not injured?

A "no injury" notation can become an issue in a disputed injury claim, but it does not automatically prove that you suffered no injury. Some symptoms develop after an accident. Your medical records, symptom history, witness testimony, and other evidence may help establish what happened.

4. What if I didn't feel pain immediately after my car accident?

Some accident-related symptoms may become more noticeable later. If you develop pain or other symptoms after a collision, seek appropriate medical attention and accurately explain when your symptoms began and how they developed.

5. What information is contained in a California traffic collision report?

Depending on the report and circumstances, it may include driver and vehicle information, insurance information, witness information, statements, roadway conditions, injuries reported at the scene, officer observations, diagrams, citations, and an assessment of the primary collision factor.

6. What is the Primary Collision Factor on a California traffic report?

The Primary Collision Factor, or PCF, is the factor the investigating officer identifies as the primary cause or contributing factor in the collision. The report may also identify a related California Vehicle Code section.

7. Can I dispute the information in a police accident report?

Potentially. If you believe the report contains a significant factual error, tell your attorney. Your lawyer can compare the report with other evidence and determine what steps may be appropriate.

8. How do I obtain a traffic collision report in Santa Clarita?

The appropriate agency depends on where the accident occurred and which agency investigated it. The California Highway Patrol, Los Angeles County Sheriff's Department, or another local law enforcement agency may have the report. A report number can make the process easier.

9. What if the other driver received a ticket?

A citation can be relevant evidence, but receiving a traffic ticket does not necessarily resolve every issue in a civil personal injury claim. Your attorney can evaluate the citation together with the collision report and other evidence.

10. How long should I keep my traffic collision report?

Keep the report and other accident-related documents for as long as your claim or lawsuit remains unresolved. If you have hired an attorney, provide your lawyer with the original or a complete copy and follow your attorney's advice concerning document preservation.

11. Can a traffic collision report help prove my injuries?

It can provide contemporaneous information about injuries or symptoms reported at the scene, but medical records are generally important evidence for establishing the nature and extent of accident-related injuries. A collision report is only one part of the medical and liability evidence.

12. What should I do if there is no police report after my car accident?

Preserve other evidence. Take photographs, obtain witness information, save video, exchange insurance information, document the accident while your memory is fresh, and seek appropriate medical care if you are experiencing symptoms. An attorney can help investigate the accident even without a police report.

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    Attorney Robert Mansour

    Robert Mansour (CA State Bar #169118) is an attorney in Santa Clarita, California who has been practicing law since 1993.  After working 13 years for a major insurance company, he now counsels victims of personal injury. Click here to learn more about Robert Mansour.

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