California Traffic Collision Reports: Copies, Fault and Injury Claims
"How can I get a copy of a California Traffic Collision Report (TCR) and dispute errors if it places me at fault?"
Great question.
What is a Traffic Collision Report (TCR)?
A traffic collision report is a form completed by the investigating police officer at the scene of a crash. The report includes key information such as the collision location, the names of drivers and passengers along with their contact and insurance information, the vehicles involved, property damage, and any injuries. It also generally includes summaries of statements taken at the scene, the names of witnesses and additional scene investigation information, such as camera locations or measurements for debris or skid marks.
How to obtain a copy of a Traffic Collision Report (TCR):
To obtain a copy of a California traffic collision report, you must qualify as a party of interest. This typically includes drivers, passengers, vehicle owners, or parents/guardians of minors involved. You must complete and sign a request form, providing the date or approximate date of the collision, the collision location, the name of one involved driver or vehicle owner, and your contact information. There may be a small fee. Attorneys can also assist in obtaining these reports.
If the report places you at fault, it can complicate your personal injury claim, as insurance companies often rely on the report to assess liability.
However, a traffic collision report does not determine legal fault in court. Judges and juries are not bound by the conclusions in the report. Through litigation and depositions, it is possible to challenge the officer’s conclusions. Often, officers do not have time to canvass all witnesses immediately, focus on injured parties, and clear the scene.
If you discover information the officer missed, such as an additional witness or photographs, you can provide it to the officer for a supplemental report. In cases of inaccuracy or lack of response, the DMV offers formal dispute forms.
Navigating traffic collision reports and disputing errors is best handled with an experienced California attorney, as proper guidance ensures your personal injury or motorcycle accident claim is protected.
