When I started litigating accident cases in 1997, it was commonplace for law enforcement to come to the scene of an accident and prepare a report. Now – not so much! Unless one reports a severe accident, many law enforcement agencies decline to come to the scene to investigate.
Which Law Enforcement Agencies Do I Call After An Accident?
Different agencies manage different districts and cities. For example, Los Angeles County Sheriff manages the Santa Clarita Valley. So, when an accident occurs in Santa Clarita Valley, the parties need to call the LA County Sheriff.
In contrast, the San Fernando Valley is managed by Los Angeles Police Department. So, any accident occurring the San Fernando Valley needs to be reported to the LAPD. Of course, the highways are all handled by the California Highway Patrol.
Does Law Enforcement Always Come To A Scene Of An Accident To Investigate?
What typically happens when you call law enforcement after an accident? When you call law enforcement after an accident, they typically ask about the severity of the accident. Since law enforcement is generally more inclined to investigate major accidents rather than smaller “fender-benders,” chances are that they will not come to the scene if your accident tends to be on the minor side.
What constitutes a major accident? When someone is visibly injured in the accident or at least one of the vehicles is so badly damaged that the car needs to be towed away.
Can I Still File A Claim Even If Law Enforcement Declines To Come To The Scene?
Let’s say that you are in a minor accident and law enforcement declines to come to the scene to investigate and prepare a report. Can you still proceed with your claim? Yes. Does it help to have a traffic collision report from law enforcement following an accident? It depends on the accident.
When it comes to certain accidents, a traffic collision report (i.e. a report prepared by law enforcement in connection to the accident), is not necessarily needed. Such accidents include rear-end collisions, parking lot accidents when a driver backs out and strikes another vehicle, and side swipe accident when a driver makes a lane change but strikes an other vehicle that is already occupying the lane. A traffic collision report is not generally needed in this types of accidents because these accidents carry a presumption of liability (i.e. fault) against the driver that strikes another vehicle from behind, the driver that backs out of the parking stall, and the driver the makes an unsafe lane change.
However, there are other types of accidents that a traffic collision report will be helpful, and sometimes needed to prove liability. One example is intersection accidents when both parties claim to have entered the intersection on a green light. Under this scenario, an investigation by law enforcement may find evidence showing which driver ran a red light and who entered the intersection on a green light. Can you still have a claim without a traffic collision report in these types of cases? Yes. It just means that liability is not presumed.
Are There Any Claims That Require A Traffic Collision Report?
Except for hit-and-run claims, a traffic collision report is NOT required to make a claim against another party, although it may ease or expedite the process.
However, a party involved in a hit-and-run accident must report the accident to law enforcement for a report to be prepared if the hit-and-run victim intends to use his/her uninsured motorist coverage. This allows the victim’s insurer to search for the at-fault party and document the accident.
Can A Traffic Collision Report Be Used At Trial To Prove Fault?
At trial, a traffic collision report CANNOT be used as evidence of someone’s wrongdoing or to prove fault because the traffic collision report is hearsay and cannot be used in court.
So, what is the purpose of a traffic collision report? A traffic collision report shows any investigation performed by the preparing officer or deputy in connection with the accident and the evidence gathered. It would include a statement by the drivers involved in the accident, which can be used in court.
The traffic collision report would identify any witnesses and provide witness statements. It would also show the position of the vehicles, post-accident, in relation to the road. Additionally, it would document the presence or absence of skid marks, and debris on the road. So, a traffic collision report documents evidence that can be used by parties or their experts at trial. It can also be used by the investigating officer to form an opinion, at trial, as to fault.
Can I File An Accident Report Myself?
Yes. You are allowed to file a report after an accident. If the accident occurred in Santa Clarita Valley, the report needs to be made with the LA County Sheriff’s Office. If the accident occurred in the San Fernando Valley, the report needs to be made with the LAPD, and if the accident occurred on the freeway, it needs to be made with the CHP.
When reporting an accident, make sure that you collect as much information as possible. The facts you need include the names of parties involved, the name of any witnesses, and the date, time and location of the accident. If you have any photographs, you may be able to include them as well.
Conclusion
This article is for informational purposes only. It is authored by Mason Rashtian of The Mason Law Firm. We are a full service law firm, specializing in personal injury and accident cases. We handle matter all throughout California, including Los Angeles County, Ventura County, Orange County, and Kern County.
If you, or a loved one, is involved in an accident, please call us for a free consultation. We also work on contingency, which means we do not get paid unless there is a recovery on the case. There are no out of pocket expenses for you. You can reach us at (855) masonlaw, i.e. (855) 627-6652, or by filling out our contact page by clicking here.