Can You Still Sue for Damages if the Police Report Says You Were at Fault?

If you are involved in a car accident, the police are called, the police make a report, and that report says that you were at fault, it is entirely understandable that you do not have grounds for a personal injury case. However, this is often not the case. Just because the police have issued a report stating you are at fault does not mean that you were at fault.

What is more, in the state of California, you can be partially at fault and still recover damages. For example, if you were found to be 60% at fault, and someone else was 40% at fault, then you could sue for 40% of your damages. Keep reading to learn more or contact Law Offices of Fernando D. Vargas at 909-982-0707 to request a free legal consultation.

There is No Question – The Police Report is a Challenge

Before we move forward, we must be clear that having a police report that states you are at fault is not a good thing and is, in fact, a challenge. However, there is one main question that must be asked: were there any unbiased witnesses to the accident? Meaning, were there any witnesses that were not with you or the other drivers involved?

If not, then the opinion of the police officer is just that – their opinion. And it is based on what you have said and what the other person has said. If there is enough evidence that you were not at fault, then it can be relatively simple to overturn this opinion of the police officer.

Did the Police Officer See the Accident?

In the vast majority of car accident cases, the police officer who reported to the scene did not actually see the accident. As a result, their opinion is not any more important than anyone else’s. When you bring your case to Law Offices of Fernando D. Vargas, we will consider the evidence other than the police officer’s opinion. If we believe that there is a strong case that the officer is correct – or that a judge or jury would see it that way – then we will likely not take your case.

On the other hand, if it appears to be just an opinion based on a very cursory glance at the people involved, then we might be able to fight for you and recover damages for your injuries. Contact Law Offices of Fernando D. Vargas at 909-982-0707 now to request a free legal consultation so we can determine the best way forward for your case.