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What Is In a Police Report?

A lot of people have heard the term “police report” before. If asked, most people will correctly assume that it is a report the police make about an incident. Yet not many would be able to say what goes into a police report. Since police reports are frequently used in accident lawsuits, it is worth getting to understand them a little better.

A police report is a written document. Most often, the police report is generated at the scene of the accident by the first officer to respond. This isn’t always the case, as there are always unique circumstances that can make accidents unpredictable and weird.

A police report contains details about the car accident, such as the parties that were involved and what vehicles they were driving; statements from the drivers, witnesses, or passengers about what happened; a diagram of the accident; or possibly even the conclusions that the officer writing the report came to.

A police report can be an excellent piece of information that provides reinforcement to your side of the story. However, it is important to understand a police report is not admissible in court. This means that neither you nor the other party can admit the contents of the police report as evidence in a personal injury lawsuit. They include a lot of important information that can be used to create your case, but they are a stone from whence to step rather than the end-all-be-all of evidence.

Since police reports are vital pieces of information, it is worth looking at them in more depth. We’ll see how to file a police report, how to get a copy of the police report, and what can be done if the information in a police report is wrong.

How Do I File a Police Report?

The easiest way to file a police report is to call the police after getting into an accident. An officer will come out to the scene of the accident and fill out a report there. In situations where it is not possible to get a police report done at the scene of the accident, you could make a report online, in person, or over the telephone.

Las Vegas police require the following information in order to fill out a police report:

• The date of the crash
• The time of the crash
• The location of the crash
• The make and model of the vehicles involved in the crash
• License plate numbers
• Personal contact information
• Personal information for the victims
• Personal information for the drivers
• Personal information for witnesses
• Information about damage caused by the crash
• Information about injuries caused by the crash
• Any other relevant information that may not have fallen into one of the above categories

In addition, the police officer making the report may ask for additional information. Provide this to the best of your ability.

You have ten days from the date of the crash to file a police report. If this doesn’t sound like a lot of time, that’s because it isn’t. If you are filing a police report yourself, then you need to make sure that you start it sooner rather than later. It is all too easy to miss the deadline for filing because you underestimated how much time it would require.

However, not every accident needs to be reported. Nevada law’s NRS 484E.050 and NRS 484E.070 inform us of the circumstances wherein you must make a report. The first requires you to give immediate notice to the nearest police officer after crashing into another vehicle. The latter requires you to make a report within ten days if there were at least $750 in damages or injuries and an officer failed to come to the scene.

How Can I Get a Copy of the Police Report on my Accident in Las Vegas?

Obtaining a copy of the police report after an accident in Las Vegas is actually fairly simple. The Las Vegas Metropolitan Police Department (LVMPD) provides several ways for you to request a copy of an incident report, a traffic collision report, or even an arrest report. You can request a copy of a report online, in person, or through the mail.

Getting a copy of the police report will cost $11. Payment can be made with a debit or credit card online, while cash is accepted in person.

You will also be required to show one of the following forms of ID:

• State ID
• Real ID
• Driver’s license
• United States passport
• Passport issued by another country
• Permanent resident alien registration card
• Military ID
• Consulate Matricula ID card.
• Original or certified copies of a juvenile’s birth certificate (if you are picking up as a parent)
• Original or certified copy of the guardianship paperwork issued by Family Court Services (if you are picking up as a guardian)
• Completed, signed, and notarized authorization form (to pick up for a friend or a family member)
• Signed and notarized Letter of Authorization on law firm letterhead (if picking up as a client’s attorney)

What Happens if the Police Report Is Wrong?

Police are human beings like the rest of us, so it’s entirely possible that the police report will have errors or misunderstandings. If the police make the report look bad, this could hurt your case, couldn’t it?

The answer is not really. The police report cannot be used as evidence in the lawsuit, so the errors cannot be entered into the court’s records. A police report can help you build a case, but it is not the case itself. So if there are errors, it isn’t the end of the world. In most cases, they won’t matter in the least.

What Should I Do If I’ve Been In an Accident?

If you have been in a car accident in Las Vegas, the first thing to do is report it. Following this, make sure that you get medical attention to see to any injuries you suffered.

Once you are sure that you informed the authorities and your health is no longer at risk, it is time to contact an attorney. They will be able to help you through everything from obtaining the police report to building a solid case, as well as everything in between.

Is It Safe to Collect Evidence at the Scene of a Car Accident?

If you have been injured in a car accident, then chances are good that you will want to seek compensation for the damages you suffered. Our legal system allows you to sue a negligent party in order to hold them accountable for the injuries and damages you incurred. However, it isn’t enough to simply claim that the other party caused the accident and your injuries. To win the case, you need to prove that they were at fault.

The best way of doing this is by collecting enough evidence to back up your claim, and the best place to gather evidence is at the scene of the accident. However, it is important that you stay safe while gathering evidence since any additional injuries you suffer could be argued to be your own fault rather than the other driver’s.

Some safety tips to keep in mind while collecting evidence at the scene of a car accident are:

• Worry about your own safety before anybody else’s; if you are injured, get medical treatment yourself before attempting to help others.
• Wear reflective clothing, if possible, so you are easier to spot.
• Determine where blood is coming from if you must apply pressure to prevent somebody from bleeding; if it is coming from the ears or mouth, do not apply pressure.
• Do not move people or evidence except where it is necessary to do so to prevent further danger.
• Always take more photos than you need, ensuring, too, that all four sides of each involved vehicle are photographed; inform the authorities of what you are doing, and avoid photographing victims or bodies.
• Most car crashes happen on the road, so remember to keep an eye on other motorists and stay out of their way.
• If it is dark out, use a flashlight or your phone for increased visibility.

The best evidence is always going to be collected from the scene of the accident. It can be hard to collect evidence after the fact, too, but that doesn’t mean you should never risk your health to gather evidence. If you are injured in a car accident, then there is a chance that you won’t be able to collect evidence yourself. If possible, have a friend or family member gather evidence for you.

However, this isn’t always possible. If you have to make a decision between getting medical care or collecting evidence, you should always go with medical care. For one, this shows that you took your injuries seriously. If you decided to focus on evidence over medical care, the other driver could argue that your injuries weren’t so bad but that you made them worse by being negligent about your health.

What Type of Evidence Should I Look For?

If you are unsure of what evidence you should be looking out for, it is always a good idea to just take photos of everything. You can always delete useless photos later, but you often can’t go back to take more.

Evidence you should be on the lookout for at the scene of a car accident includes:

• Skid marks
• Bodily injuries
• Property damage
• Traffic control devices
• Road conditions
• Road obstructions
• Debris from the crash
• The perspective of each driver
• Eye witness testimony or their contact information to get their account later
• The police report on the crash
• Medical records that deal with your injuries
• Accident reports
• Nearby road signs
• Security cameras that could have had an angle on the accident

Always try to collect as much evidence as possible. You don’t get the full story from any one piece of evidence on its own, except for perhaps security camera footage of the accident. For example, skid marks might tell us a little about how fast a car was going and when the driver finally started to brake, but this is only one small component of the whole. If you want to be able to tell the full story, you need as much evidence as you can get.

What Does it Take to Win a Car Accident Lawsuit?

You need to show that the party you are suing caused you to negligently suffer an injury in a car accident. Legally speaking, this means proving four components are present.

1.  You suffered an injury. As simple as that, pretty much any medical record can prove you were injured in some fashion. Sometimes the other party will raise doubts about an injury, but usually not the existence of the injury itself.
2.  That injury was from the car accident in question. This is the easier way for the defense to attack your injury. They admit that you have an injury but argue that it was from another cause. Proving the injury was from the accident is much easier to do if you seek medical attention immediately following the accident.
3.  An accident occurred. Again, most of the time, this isn’t really in question, though it can be.
4.  That accident was caused by the other driver’s negligence, recklessness, or carelessness. Of all these components, this is the one that is usually fought over the hardest.

Proving each of these points is a matter of having the right evidence. Accident reports, medical records, police reports, photographs, eyewitness accounts, videos, skid marks, and all of that are what it takes to win.

Who Should I Sue Following a Car Accident?

You will typically sue the driver of the other vehicle. However, in truck accidents and commercial vehicle accidents, you may find that it is better to sue the company rather than the driver.

The specifics of your accident will be the determining factor in deciding who to sue, and it is best to consult with an attorney moving forward.

When Should I Contact an Attorney?

You should contact a car accident attorney as soon as you finish getting medical treatment. If there is a long waiting period, you may even consider contacting them while you wait. The closer to the accident, you start working with an attorney, the better.

You may feel that your injuries are insufficient or don’t want to take the time to see a physician after an accident. The problem with that is if you have issues that pop up later, you may have avoided further injury had you been treated immediately.

Several injuries may seem slight initially, but more severe symptoms can occur later. Some are soft tissue injuries (such as whiplash), concussions, or back injuries.

Why Would an Insurance Company Want You to See a Specific Physician?

Remember that insurance company representatives are there to protect their policyholders and their company’s bottom line. They are working on their company’s behalf to establish the facts and work towards paying out compensation as ordered.

One of the ways that they can monitor that the information presented to them is accurate is to verify with their physicians what injuries occurred and if the treatment plan was sufficient for the damages. They will review to ensure exaggeration of the injury or the treatment plan did not occur, thus forcing the insurance to pay more than is necessary for the injuries sustained.

For example, if your family doctor saw you after an accident, determining significant injuries occurred to your back, or soft tissue injuries occurred, and they require substantial physical therapy for these injuries. Suppose the doctor the insurance company works with doesn’t find the injuries to support that same diagnosis. Insurance companies can save themselves from significant costs in compensation if their doctors prescribe less treatment.

That said, this doesn’t mean that your physician shouldn’t see you. Having a second opinion (or first) on your treatment and being treated right away is most important to avoid further issues.

What Steps Should I Take With my Physician?

There are a few steps that you can take to help your situation in the future after an accident. Your trusted physician is seeing the first to determine any unknown injuries or issues. Keep all records after being seen, including the bills, the prescribed medicine or treatment, and any other notes from your doctor about the injuries.

Follow all instructions given by the medical staff. Following the treatment isn’t a suggestion, especially if you are looking into pursuing damages in the future. If you are prescribed treatment and choose not to partake, it can cause further injury, and you may be at risk of not having total compensation based on your choice to not adhere to the prescribed treatment.

Notify your medical providers of any concerning changes in your symptoms or pain levels. There may be something initially missed, and a follow-up may be necessary.

What is an Independent Medical Examination?

An Independent Medical Examination (IME) is typically required in personal injury cases. Insurance companies can require you to receive a second opinion (second to that of your doctor that examined you after the accident) to establish legitimacy.

Sometimes, this is a required step if you file a claim with your Personal Injury Protection or PIP insurance. Your policy may require you to complete an IME to ensure that the treatment prescribed to you and the injuries sustained are legitimate.

You have a right to object to information found through the IME. Your injury lawyer can help you to put documents together to dispute the findings of the IME. The data gathered to debate the results may include information from witnesses, all relevant information regarding your doctor’s initial findings, and more.

Which Insurance Company is Responsible for the Damages?

In most cases, if the fault is established that the other driver was responsible for the accident, you will likely pursue compensation through their insurance. In some cases, their insurance may be nonexistent or insufficient. In this case, you may have the opportunity to pursue your insurance policy to make up for the difference in compensation for medical bills and damages to your vehicle.

In some cases, if a commercial vehicle is involved, you may choose to pursue the driver’s insurance company and the company that employs them. An experienced attorney can walk you through all the facts of your accident and help ensure you obtain sufficient compensation.

Contact an Experienced Injury Lawyer

One of the most appealing reasons to contact a lawyer after an accident is that they can take over the details while you are busy healing from your injuries and focusing on getting back to your life. Injury lawyers spend years preparing for cases like these, and they also have the unique perspective of several other cases they have worked on in the past.

If you need to communicate or negotiate with insurance companies, injury lawyers have vast knowledge and can handle these details for you. They can also walk you through the next steps, help you understand what to expect, and more.

Another vital role they play is to help ensure all evidence is gathered. They can work with any witnesses you have identified, gather facts regarding the accident scene, and work with accident recreation specialists to further establish fault or negligence in the accident.

They can also gather pertinent records for your case, whether that be the police report, medical records, and any other data that will support your case.

Contact our office at (702) 369-9696 to speak with one of our experienced and compassionate attorneys. We have several years of combined experience and are confident we can help you, too.

Over two million people get injured in car accidents each year in this country. With that many people getting injured in accidents, it seems rare for you not to have been in an accident than to have been in one. The best we all can hope for is that all involved are not severely harmed.

First things first, if you can, you should move your car out of the way of traffic. Secondary accidents happen all too often and can cause more injuries. If it is safe, and your vehicle is mobile, when safe, try to move it out of the main avenue of traffic where you can safely assess the damage and help those injured in the accident.

We understand how stressful those moments following the accident are, and the aftermath can last for months or years, depending on the severity of the accident.

You should be aware of a few things that can help keep you safe after an accident and better prepared should it happen to you. This article will discuss those items.

What Should I Do Immediately Following an Accident?

Following a few other tips will help you alleviate some stress immediately following an accident.

First and foremost, seek medical attention if you need to. If you have someone with you, they can take charge of the following few items on this list. Getting an exam completed immediately is vital in case unobvious injuries are sustained. Adrenaline is very powerful and can keep symptoms at bay for some time. It is essential to take a deep breath and check to see how your entire body is feeling and the rest of the passengers involved in the accident.

As mentioned above, move your car out of the main traffic flow. Do not drive away at this time, as you could be penalized for it. Communicate with the other drivers, get pictures of their license plates if necessary, and let them know you are moving off to the side of the road and encourage them to meet you in a safe place to exchange information. You may tell them that the police are on the way and let them see you taking a picture of their license plate to prevent them from leaving the scene without giving you accurate information.

Report the accident to the authorities so you can obtain assistance should you need it and file a report. It is essential to ensure that your story is told to the proper authorities, not just the version of others involved.

It is also crucial not to assume guilt at this time. You may not have seen all that led up to the accident occurring. If you apologize and accept responsibility for causing the accident, and that is documented, it may create problems for you in the future.

Document everything from the damage to all vehicles involved, names of witnesses and their initial accounts of the accident, and pictures of the crash site, including road and weather conditions that may have led up to the accident occurring.

What Should I Do After I Have Gotten an Exam?

Once you have confirmed that your health is okay and addressed any injuries, you must notify your insurance company of the accident. Many agencies will have a deadline for informing them of an accident after it happens. Note that at this time, you should relay that you have been in an accident and where it occurred. Avoid any questions regarding injuries, how the accident happened, or who was at fault. Decline further communication until you have time to address your injuries and options further.

Reach out to an experienced personal injury attorney. You will have your pick of several in the area, and choosing the right one for you can be one of the most important steps you take in the aftermath of the accident. You want to work with someone who not only has experience but passion and commitment to obtaining the results that you deserve.

What is Comparative Negligence?

Each state has a guideline for assigning fault after an accident. Nevada is a modified comparative negligence state. This means that when there is more than one person at fault for the cause of the accident, the parties are assigned a percentage of fault compared to the other.

If you are found to be at fault for a certain percentage and are awarded damages, your total damages will be reduced in proportion to the percentage of fault you shared in the accident.

How Does Comparative Negligence Affect Me Personally?

For example, if you were 20% at fault for an accident and the other party was found to be 80% at fault, the total amount awarded to you would be reduced by 20%. If $50,000 were awarded, you would receive $40,000, or 80% of the total damages awarded.

This is why it is crucial to avoid assuming guilt after an accident or discussing your responsibility for the accident with your insurance company without discussing your options with a trusted lawyer. You can place yourself in a higher category of fault without meaning to, reducing or eliminating your chances of obtaining the compensation you deserve.

Why Work With Us?

We know you have several options in the area that will provide you with legal representation. We have all seen the TV commercials and billboards, right? You can call one of them and be just another caller, just one of hundreds, or you can get close personal attention with us. Why not work with a capable team of lawyers who fight tirelessly for their clients like they are family? Let us advocate fiercely for you and your families and get your life back after an accident. Contact our offices today at (702) 369-9696.

Welcome To Our Las Vegas Injury Blog

We established this blog to share stories and information about topics relevant to Las Vegas personal injury law, to help you better understand your rights if you’ve been injured in Nevada. If you or someone you love was injured or killed in an accident in Nevada, please contact us to arrange a free one-on-one consultation with attorney Craig Murphy. Let his experience work for you.

How Much Does A Wrongful Death Lawsuit Cost?

If you’ve lost a loved one, the last question you want to worry about is how much does a wrongful death lawsuit cost. Las Vegas wrongful death attorney offers free consultations.

Read Our Wrongful Death Guide

In many instances, the insurance company, for whatever reason, may deny the claim and decide to fight it. A wrongful death case is typically very complex. Very often, it’s going to require the filing of a lawsuit. If you hire a personal injury attorney, they should pay those costs up front. In other words, they don’t have to come out-of-pocked. However, because it’s involved in litigation, those costs can be very expensive. If you’re looking for an attorney to handle a wrongful death case, you better know that your attorney is committed to that case. When I say committed, that means that they’re willing to spend the time and money that is required to build that case, and if the case can’t be settled, be able to take it to trial.

In many instances, with very significant injuries and significant losses due to the wrongful death, the cost to take a case like that to trial could cost a couple hundred thousand dollars. This is not a cheap endeavor, and you don’t want an attorney who doesn’t have the ability to go the distance, or who doesn’t have the commitment to the case to do it justice. If the insurance company knows that your lawyer is going to fold and cave in at the end, they’re just going to pay in pennies on the dollar.

You need somebody who’s committed and who will be ready, willing and able to take that case to trial if necessary. That’s the only way that you are going to get a full and fair settlement of the case.

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Choosing a truck accident attorney to represent you is an important first step. Call us for a free confidential consultation and learn what makes us different.

Read Our Truck Accident Guide

You need to have an attorney who has specific skill and experience in dealing with commercial truck claims and with big rig truck accident claims. In addition to that, you need someone who is board certified by the State Bar of Nevada and the Nevada Justice Association as a Board Certified Personal Injury Specialist.

There are a number of attorneys that have the board certification, but you should not hire the first attorney that you talk to. You can call an office and they will talk to you and say you need to come in right away and sign up. Then they get you in and you’ll meet with an intake person, they’ll sign you up, you may meet with a lawyer for two minutes, then they shuffle you out the door.

You need to call a number of attorneys to find out who is willing to spend the time to get to know you and to answer the questions and give you the information that you want before you even hire an attorney. You’re going to have to have a very close relationship with that attorney, and in a big rig commercial truck accident claim, your claim could go on for a number of years. You need to have an attorney that you can have a close working relationship with and that you can trust, and who will be there over the long haul with you. If you don’t have an attorney who can spend the time with you and answer your questions up front before you’re even a client, are they going to do that once you’ve signed up? It’s doubtful.

To protect yourself, call a number of attorneys. Find out who is willing to give you the level of service that you expect, not only at the beginning, but all the way through your case. Once you do that, I am confident that you will find that the best attorney for your big rig claim or any other type of claim is my office. When you and I work together on this, we spend a lot of time. We get to know you, and we go about building your case to protect your needs and your interests. The only way that we can do that is by spending the time to get to know you and to know how this crash has affected your life and your future.

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Choosing a slip and fall attorney is a big decision. Call our Las Vegas slip and fall lawyer today for a free one-on-one consultation and let us show you what makes us different.

Read Our Slip and Fall Injury Guide

If you’ve been injured in a slip and fall case, how do you choose the right or best attorney for your case? In Las Vegas and in Nevada, the hotels and casinos are going to fight these cases tooth and nail. Walmart fights them all. Grocery stores fight them all. Why do they do that? Because they can always argue that you were partially at fault. If they can convince a jury that you are more at fault than they were, you get nothing, but in any event, they can argue that some percentage of fault is yours and they can reduce what they have to pay.

They know that if they avoid you and deny, and delay, and aggravate you, a certain percentage of people will just go away. But you were seriously injured. You have a legitimate claim and you need to hire an attorney because that is the only way that you’re going to get fully and fairly compensated for your injuries and damages. How do you pick an attorney that you know is the right and the best attorney for your case?

Number one, you need an attorney who handles these kinds of cases on a regular basis. You need an attorney who is a real trial lawyer because the unfortunate truth of the situation is more than likely a lawsuit is going to be required, and your attorney is going to have to go out there and build your case for you, so you need someone with experience. You need someone whose experience is very fact-specific for these kinds of cases.

For many years, I represented hotels, casinos, grocery stores in slip and fall cases. I know what it takes for them to win their cases. The burden of proof is on you, the injured person. These are very hard cases, and the defense knows it. If you don’t have an attorney that knows exactly what must be proven in these kinds of cases, regardless of how badly you’ve been injured, you’re not going to win. You have to ask the attorney, what is your experience in dealing with slip and fall cases? Make them give you specifics, and then find out if they’re board certified. If you don’t have a board certified personal injury specialist and trial lawyer working on your case, then the insurance companies, the casinos, grocery stores, the risk management departments, are going to pay you pennies on a dollar. Get someone who has the skill and experience to deal with these cases, and you have to make sure they have a track record.

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Choosing a motorcycle accident attorney is one of the biggest decisions you will make regarding your injury claim. Find out what you should know by watching this video by our Las Vegas motorcycle accident lawyer.

Read Our Motorcycle Accident Guide

People want to know who or what type of lawyer they should get to handle their injury claim. You have to have somebody who has skill and experience in dealing with motorcycle crash claims. These are not the kind of cases that you can go and get your divorce lawyer who handled your divorce, or the guy who does your taxes, or somebody who put your will together, or your neighbor down the road who happens to be some type of corporate lawyer, etc. You can’t go to somebody that you know that works for an insurance company and they do insurance defense claims. You will be in trouble if you don’t have a board certified personal injury specialist who is a trial lawyer and who deals on a regular basis with motorcycle accident claims. These cases are very complicated.

The insurance adjusters and the insurance lawyers who defend these claims know what they’re doing, and they’re whole goal is to make sure that they pay as little as possible. You can’t get a lawyer who’s just dabbling in these types of claims. In fact, you can’t get a lawyer who just claims that they’re a motorcycle lawyer because they have a motorcycle or get their picture on a billboard taken on a motorcycle. You have to have a trial lawyer who knows how to prepare your case. You’re not going to get fully compensated until the insurance company knows that your lawyer has built your case and they’re ready, willing and able to take your case to trial if you have to go to trial. They will never step up to the plate and fully compensate you until they know that. The only way you’re going to get there is with a real trial lawyer.

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Were you attacked by a dog in California? Learn about beware of dog signs and liability to see if you can recover damages for your dog bite injuries in this video by Ventura dog bite lawyer Craig Murphy.

Read Our Dog Bite Guide

If you are here in Ventura, and someone has a beware of dog sign, yet you are attacked and injured by that dog, does that mean that they’re not responsible for it? It all depends on what the circumstances are. Typically, a defense to a dog bite case is what’s known as assumption of the risk. In other words, you saw the beware of dog sign and you went into the yard anyway. You assume the risk that the dog could bite you. Let’s say the circumstances are this. Your kids are out playing ball in the front yard. There’s a beware of dog sign on the neighbor’s yard. As your kids are out playing, the dog gets out of the gate, and comes out and attacks one of your children. Is that person responsible or do they get off scot-free because they had a beware of dog sign? The answer is no, they don’t get off because their dog escaped. They didn’t protect you and your children from that dog because they let it get out of the gate.

Now, if the ball goes over the fence and your children climb over the fence to go get the ball, hen yes, they may be responsible for going in there. The owner may not be held responsible. Let’s say you go into the house. You know there is a beware of dog sign on the front of the house. Does that automatically make them not responsible for their dog if it attacks you? Not necessarily because they know that they have a dangerous dog. If they don’t put that dog in a room, or in a crate, and that dog all of a sudden comes charging out and attacks and malls you, they may still be responsible.

The bottom line is these are very fact-intensive cases. That means that the facts are very important. Someone is going to have to gather these facts, analyze them, and determine who is responsible.

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