Can My Statement on the Accident Report Be Used?

I was in a wreck.  The police took a statement from me but she did not accurately put down what I said in the accident report.  Can the accident report be used against me in a personal injury case? 

Yes, but not directly.  In most cases, the accident report cannot be admitted into evidence in a Tennessee state court.  However, the police officer who you asked you questions can be subpoenaed into court and asked what you said to her.  She will be given the right to review report, which may well be all that she remembers about what you said to her.  Therefore, if the officer recalls only what is in the report and will not agree that the report is or could be wrong,  the evidence of your statement as set forth in the report (technically, the officer’s testimony about that statement) can be used against you.

 

 

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