Work Motorcycle Accident - Should the Police Be Called? Impact of Police Report?
In the aftermath of a Florida Work Motorcycle Accident, should the police be called? The simple answer is Yes. A police investigation and report can help streamline some of the issues that arise when pursuing a work motorcycle injury case. When there is a work motorcycle accident that is the fault of a driver of a motor vehicle, the driver will often ask the work motorcycle operator to refrain from calling the police. The driver may want to avoid getting a citation or may want to avoid having a claim filed against his or her insurance company. Whatever the reason given by the driver for not calling the police, it is advisable to contact the police so that the property damage, crash scene, insurance, and the details can be properly documented. When dealing with an insurance company and injury claim, it also makes it a bit easier if the accident is documented in the form of a police report and a citation is issued to the driver.
It should be noted that while a police report is helpful to the pursuit of a claim or case, a police report is not required to pursue a case or claim for personal injuries related to a work motorcycle accident. Let's say that there is a work motorcycle accident and the work motorcycle operator or rider suffers personal injuries. For whatever reason or no reason at all, the police were not called to the scene of the accident and no police report was ever documented. Under these facts, a case or claim on behalf of the injury victim can still be pursued. There are four requirements under Florida law to establish a case or claim for personal injuries as follows:
- Breach of Duty;
- Causation; and
There is a duty to operate a motor vehicle in a safe and reasonable manner while observing traffic signals, traffic signage, traffic, road conditions, and weather conditions. If there is a breach of this duty that proximately causes damages in the form of personal injuries, then the four elements of a personal injury case can be satisfied. To be able to prove up such a case, a police report is not required but as stated herein - the police report can help streamline the insurance claim process. It should be further noted that a police report is not admissible at trial in most civil personal injury cases. As such, even if there is police report issued and the driver is issued a citation, it most likely will not be admissible at trial. Furthermore, the fact that the driver was issued or not issued a citation is not admissible either.
David Wolf is a personal injury / work motorcycle accident attorney with over 28 years of experience. He is the author of 12 books and over 4,000 articles that focus on personal injury and safety issues. David Wolf firmly believes in Giving a Voice to Injury Victims and Their Families. Contact David Wolf today for a Free Consultation at (904) 500-WOLF / (904) 500-9653 or at firstname.lastname@example.org Get D Wolf On Your Side - At Your Side.