Police responding to accident scenes generally include driver and witness statements in their reports.  Whether these statements are admissible at trial depends on who gave the statement and whether they qualify under an exception to the hearsay rule.

The question of admissibility of a defendant driver’s statement was recently addressed in Brown v URS Midwest, Inc.  The  accident giving rise to the litigation occurred on I-95.  The plaintiff was traveling in the right lane with the defendant tractor-trailer driver next to her in the left lane.  The plaintiff testified at trial that the defendant moved into her lane, striking her car and causing her to collide with the median strip.  The defendant testified that he saw the plaintiff’s vehicle prior to the accident and observed her talking on her cell phone.  At the time of trial, the plaintiff’s counsel unsuccessfully attempted to introduce into evidence the police report that contained a statement by the defendant driver that he never observed the plaintiff’s vehicle before the accident.  The jury returned a verdict for the defense. 

The Second Department reversed and ordered a new trial.  The Appellate Court held that the defendant-driver’s statement in the police report was admissible under the hearsay exception of a party admission.  The Court further held that the statement in the police report was admissible as a prior inconsistent statement.  Finally, the Court found that the lower court’s failure to allow the police report into evidence was not a harmless error, as it directly went to the ultimate issue to be determined by the jury.

 Thanks to Georgia Coats for her contribution.

For more information, contact Denise Fontana Ricci at .