I never claimed that every jurisdiction charges $260 for a Failure to Maintain Lane traffic violation. I was just giving an example of fines and that traffic fines are usually an important source of revenue for the city or other jurisdiction. So I would not normally expect a officer responding to and investigating a traffic accident to fail to issue a traffic citation, unless the officer could not reasonably ascertain who was at fault. That fails to benefit the city (or other jurisdiction) and fails to benefit society.
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The police officer didn't file accident report. What is the best way or established protocol to help or encourage them to do it?
- Thread starter Skyler13
- Start date
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Taxing Matters
Overtaxed Member
A police report might help persuade the other driver's insurance company to pay the claim. It depends on how well it is written, what evidence and witness statements the officer noted in his/her report, etc. A report done right after the accident will generally be more useful than one done months later. A citation doesn't have to be issued for the police to serve its purpose of convincing the insurance to pay, though of course a citation for whatever act caused the accident would be great support for convincing the insurer to pay. The police report would not be evidence that the injured plaintiff may use as evidence in a court proceeding.
That depends a lot on where you live. For example, when I lived in a very small town the police officer came out and investigated a complaint about a dent in my mother's parked car. The officer not only wrote a report he also had the time and resources to track down the person who. I live in a major metropolitan area in which the police won't generally even come out to collison unless someone was injured or the property damage claim would exceed at least $500. In short, the polices on reports vary widely from one jurisdiction to another and from one police department to another.
Bear in mind that there is a cost to society when the officer spends time writing a report for a minor accident — that's time the officer could have spent on other, potentially more important matters. In a large city at time s when calls are constantly coming in for police help they don't have the luxury of spending much time on a minor accident.
That depends a lot on where you live. For example, when I lived in a very small town the police officer came out and investigated a complaint about a dent in my mother's parked car. The officer not only wrote a report he also had the time and resources to track down the person who. I live in a major metropolitan area in which the police won't generally even come out to collison unless someone was injured or the property damage claim would exceed at least $500. In short, the polices on reports vary widely from one jurisdiction to another and from one police department to another.
Bear in mind that there is a cost to society when the officer spends time writing a report for a minor accident — that's time the officer could have spent on other, potentially more important matters. In a large city at time s when calls are constantly coming in for police help they don't have the luxury of spending much time on a minor accident.
I don't think you understood what I posted. I agree that there are lots of reasons why the officer may not submit an accident report, or even reasons why the police may not respond to an accident. If this case an officer did respond to the accident, but did not (apparently) issue a traffic citation, nor did the officer submit an accident report.
What I said is that, unless the accident report included assignment of blame for the accident (in which case usually a traffic citation is written), getting the officer to submit a police report after the fact probably won't be of much help to OP going forward. I find it somewhat dubious (although possible) that the officer did reasonably determine who was at fault but both failed to submit an accident report and failed to issue a traffic citation.
While an accident report cannot be used as direct evidence to prove fault in a car accident case because it is considered hearsay, meaning it relies on statements from others who were not under oath at the time of the accident, a police officer who filed the report may be called to testify about their observations from the scene, making certain parts of the report admissible in court.
But if the at-fault driver is issued a traffic citation, and pays the fine without contesting it in court, they are generally considered to be admitting guilt for the violation, as paying the fine is usually seen as an acceptance of the offense listed on the ticket.
Zigner
Senior Member, Non-Attorney
That's not what hearsay means.
Zigner
Senior Member, Non-Attorney
Who said anything about a municipal/city cop?
I copied that from the Internet, so it must be correct.
quincy
Senior Member
When you “copy” text, cite the source.
Not sure what you are talking about. Are you insinuating that state police are interested in collected fines to pay for their budgets?
It wasn't a link, just one of those AI responses to a search. It's not that important.
quincy
Senior Member
The fact that you got your information from an AI-generated response is important. AI-generated responses are notoriously wrong.
It doesn't matter. Sue me.
quincy
Senior Member
What a childish comment.
stealth2
Under the Radar Member
I'll hazard a guess that NY's definition is likely close to universal. For @Mark_A 's edification:
https://www.nycourts.gov/judges/evidence/8-HEARSAY/ARTICLE-8-RULES-3.pdf
I don't need any edification. What you posted is exactly what I posted. (1) "out of court" means not under oath, and (2) "not a witness at the proceeding" also means not under oath.
- It's not germane to any argument that I made.
- What I posted about hearsay is actually correct, and just tired of ridiculous nitpicking especially when I am correct.