Police reports can be helpful to the motorcycle accident victim, but are not evidence. Officers are not eyewitnesses and therefore all of their conclusions are based upon witness testimony and physical evidence present after the accident.

Unfortunately, officer training on accident reconstruction of motorcycle accidents is usually sparse. Motorcycle accident reconstruction involves more calculations of speed, distance, skidding, side slide and body movement than a typical auto accident. Depending upon their skill and training, some officers are very adept at getting the accurate information from witnesses, collecting physical evidence at the accident scene, but their report of conclusions can and is, on occasion, wrong. Therefore it is important not to wait or rely on a report as the sole source of accident verification unless the accident cannot be contested in any way.

Our attorneys have reviewed hundreds of motorcycle accident reports and seen numerous instances of inaccurate reporting. Here are the typical errors seen in motorcycle accident investigation.

The first duty of an officer is to protect persons from further injury and additional accidents at the scene. Therefore before interviewing of witnesses, the officer usually has secured the scene, removed evidence that may be impeding traffic flow or moved persons from their resting place after the accident. This can lead to errors in later investigation. Also note that delay in interviewing a witnesses or adverse party allows them time to practice their version, or corrupt their memory by speaking with other witnesses or parties. Witnesses sometimes leave the scene. See Witness Bias.

Police officers are also not immune to improper motives or bias. Some officers do not like motorcyclists, or worse, believe the motorcyclist was in the wrong for riding in a way the officer would not ride. In fact it has been our experience that motorcycle-riding officers can make difficult witnesses because of a preconceived notion that they are an expert rider. However, many have had no more training at riding a motorcycle than an average rider. Riding a motorcycle does not make a rider an expert in reconstruction or even accident evaluation. Experts with years of training should be asked to perform this important function. See Police Officer Bias.

Police officers are rushed to interview witnesses and complete reports while at the scene. They are relegated to other calls or more pressing matters if the accident seems relatively minor. We have seen calculation errors of speed and distance. Officers can, and do, measure wrong or give a wrong point of reference in their haste to clear the scene. Therefore it is important to have an expert check the data and conclusions of an officer to assure the accuracy of any details or report findings.

Motorcycle victims are sometimes too hurt to be interviewed and therefore the version of the motorcyclist is not obtained before the officer prepares his report or conclusions. How can a conclusion that the motorcyclist was in the wrong be fair, without hearing that rider's version of events? In their haste, officers will even try to interview motorcycle riders at the hospital while under the effects of medication. Instead of accurate details, they may receive information that is wrong, and will be used against the motorcyclist in the case. Therefore it is important not to talk to an officer at the hospital unless you are clear in thought. You may ask that your version be given later when you are feeling better. If you want us to help, call us from anywhere in California 1-888-752-7474 or Contact Us Online.