Police Report Says I’m at Fault: Police Report Faults Motorcyclist

The Motorcycle Legal Minute™ was created by Jason Waechter, THE Motorcycle Lawyer, to explain Michigan’s motorcycle law in a short and easy to understand way.

In some cases that I handle, the police report faults my client, the motorcyclist. Sometimes, this is because, after an accident, the motorcyclist is whisked away to the hospital by EMS; therefore, the investigating police officer never talks him and the report is written from only interviewing the car driver.

A police report that faults my motorcycle client does not deter me. First, if we ever try the case, the jury never sees the police report. It is actually considered hearsay, so it can NOT be admitted into evidence. Secondly, we always do our own investigation: we locate witnesses and secure sworn statements that help our client.

There is a Michigan statue that does not allow evidence of a ticket or a conviction for violating the Motor Vehicle Code in a civil court case. The Michigan law is pasted here:

MCL 257.731 Evidence of conviction or civil infraction determination inadmissible in civil action.

Evidence of the conviction or civil infraction determination of a person for a violation of this chapter or of a local ordinance pertaining to the use of motor vehicles shall not be admissible in a court in a civil action.

Further, here is some case law I typically cite to the trial court when this issue arises in one of our motorcycle accident cases:

The admissibility of police reports and as they are hearsay are covered in the case of Hewitt v. Grand Trunk Western RR, 123 Mich App309; 333 NW2d 264 (1983). The court in Solomon v. Shuell, 435 Mich 104; 457 NW2d 669 (1990), discussed that even the exceptions to the hearsay rule do not apply. It stated, police reports are inadmissible hearsay, and neither the “business records” exception nor the “public records” exception applies.

So, if you are in a motorcycle wreck and you know it was not your fault, but the police report says it is, there’s not as much to worry about as you may think.

See our eBook: Michigan Motorcycle No-Fault & PIP Medical Choice Guide
See our eBook: Recommended Motorcycle Insurance Guide
See our eBook: 5 Secrets to Maximize Your Michigan Motorcycle Accident Case
See our eBook: Michigan Motorcycle Accident Tips After a Crash
See our eBook: The 3 Claims a Motorcyclist has After a Crash
See our eBook: How to File a Pothole Claim
See our eBook: Michigan Motorcycle Wrongful Death Guide
See our eBook: Motorcycle Road Defect & Negligent Road Construction Guide
See our eBook: 7 Ways Michigan Motorcyclist Get Shafted Under the Law
See our eBook: Michigan’s Helmet Law Guide
See our eBook: The MCCA Legal Guide

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