Investigating Officer Cannot Testify Concerning Speed
Attorney
(866) 735-1102 Ext 645
Tags:
None
Many people are concerned about what an investigating officer writes in an automobile accident report concerning speed and other circumstances relating to a collision. Unfortunately, insurance companies usually accept the investigating officer's statement in an accident report as being accurate. Many valid claims are denied based upon faulty information in an accident report.
There is usually no need to be concerned about incorrect information contained in an accident report. In most instances, an investigating officer is not allowed to testify in court about the speed of the vehicles involved. The same is true with respect to the angle at which vehicles were traveling and other factors leading up to the collision.
This long-standing rule in North Carolina was enforced in the North Carolina Court of Appeals case of Strickland v. Kent. In this case, the trial judge presiding over a trial in Raleigh allowed the investigating officer to testify concerning the speed of the cars involved in the collision. The court also allowed the officer to testify that the plaintiff was "not completely on the right side of the road" before the collision.
The jury found that the injured party was negligent and the court dismissed the claim.
However, the Court of Appeals reversed and sent the case back to the trial court for a trial based upon the officer's testimony that was improperly introduced into evidence.
In so holding, the Court of Appeals wrote "It has long been the rule in North Carolina that 'one who did not see a vehicle in motion will not be permitted to give an opinion as to its speed."
The Court of Appeals also explained that "a witness who investigates but does not see a wreck may describe to the jury the signs, marks, and conditions he found at the scene, including damage to the vehicle involved. From these, however, he cannot give an opinion as to its speed. The jury is just as well qualified as the witness to determine what inferences the facts will permit or require."
For more information on this subject matter, please review our section on Car and Motorcycle Accidents.