This episode explains the role of police reports in Ohio car accident cases, including their reliability, limitations, and how they are used in legal claims. Calder Mellino discusses what information reports typically include, how to obtain them, and why addressing inconsistencies is critical. The conversation also highlights the growing role of video evidence and how attorneys use police reports to establish liability and support their client’s case.
John Maher: Hi, I’m John Maher. I’m here today with Calder Mellino, a partner with the Mellino Law Firm, a personal injury law firm in Cleveland, Ohio. Today we’re talking about the role of police reports in Ohio car accident cases. Welcome, Calder.
Calder Mellino: Thanks for having me.
How Reliable are Police Reports After a Car Crash?
John: Sure. Calder, how reliable are police crash reports in Ohio and what are maybe their limitations or any errors that you might see in them?
Calder: Sure, so police reports are normally fairly reliable. There are certainly some limitations. I mean, they’re being written by someone who wasn’t there. The person writing the report is certainly doing their best, but they have to rely on what witnesses tell them. Most of those witnesses have just been involved in a traumatic car accident or saw, maybe, some of it, but not all of it.
And it’s from this information that they’re drawing from other people that an officer is doing their best to recreate and compile and figure out what happened and get the information they need. They’re also going by what’s on the form and what’s being asked of the form. So, it’s kind of dictating for them what information they’re looking for when there may be much more to be had that’s not on the form, and therefore the officer may or may not be asking for it. So, they’re certainly a great starting point and can, for the most part, be very reliable, but there are limitations for it.
How Can You Obtain a Police Report?
John: How can a person obtain a police report about their accident? Or is that something that a lawyer has to do? What’s the process?
Calder: Sure. So police reports are public documents. Anyone can get them. They’re available online or by calling the police station or a branch that filed the report and anyone can get them.
What to Do with Inconsistencies in the Police Report
John: And when there are inconsistencies that you see in the police report, can that be used to either challenge or strengthen the claims of the person bringing the suit?
Calder: Sure. So, inconsistencies can be a real problem. It’s important to address them as soon as you’re aware of one, because when it comes down to it, if it’s your word versus the police officers, most jurors are going to side with the police officer who has otherwise no stake or investment in what happened.
But certainly, police officers don’t intend to have any inaccuracies in their report. Again, they’re just relying on other people trying to figure out what happened. And inconsistencies certainly happen, but they could only hurt the drivers involved. And so, it’s important to address those and bring them up either with the police officers or to correct the record as best we can, as soon as we find out about them.
What is Included in a Crash Report?
John: And what is typically included in a crash report? Are there witness statements? Do they draw diagrams of the accident site? Are there citations that come about? What are the things that are included and how helpful are each of those things?
Calder: Yup, all those things are in there. Everyone involved, not just the drivers, but also any passengers, the insurance information for each of the drivers, the vehicles involved, pedestrians involved. Any witnesses other than the people in the vehicles, maybe someone on the roadside. If cops manage to grab them, they might either identify them, maybe even get a statement from them.
And so, all that can be useful. It not only tells us all of who was involved, but maybe start on leads of what other information might be out there, such as tracking down those witnesses, telling us where the accident occurred, how it occurred, and they just really, for that reason, serve as a great starting off point to find more information.
Can Traffic Cameras or Doorbell Cameras Help?
John: How often these days do you see traffic cameras or Ring doorbell cams and things like that being included in police reports? And are those really helpful?
Calder: So, they’re not necessarily in the individual report, but if there’s a further investigation at the time, not only do we think of Ring cameras on the door and you’ll see the car going by — I just watched one of those yesterday in a case — but also any businesses nearby usually have security cameras. You’ll see those involved. More and more people are using dash cams on their own cars. And so they can get that footage. What you’ll also see interesting is police using drones once they get to the accident site to get an overhead view, get a moving view to really just get a whole 360, literally a hundred-foot view of the entire scene.
John: To really illustrate what that intersection looks like or that sort of thing so that they’re not relying on just a couple of photos from a couple of different angles or something like that.
Calder: That’s right. And see where the cars ended up, where the debris from the cars are, where the skid marks are on the street, all that. In moving video footage from the drone, it can be a lot more helpful, and tell us a lot more of the story.
Using a Police Report in a Legal Case
John: How do you use the police report, ultimately, to support or defend your client’s version of the events?
Calder: Well, I mean, we would have the officer testify at trial if liability is being disputed, and they’ll be using their report to remember what happened and explain to the jury what they found and who told them what. So, that’s the biggest way. But before you even get to trial, you’re giving that to the insurer to say, “well, look, here’s the police officer. He showed up, he knows the law. Here’s what he or she determined happened here and who’s at fault.” And that goes a long way in these cases of setting the stage for whether or not we’re really going to have to talk about who was liable.
John: Alright, well that’s really great information, Calder. Thanks again for speaking with me today.
Calder: Thanks so much for having me.
John: And for more information, you can visit the Mellino Law Firm website at mellinolaw.com or call 440-333-3800.