The Supreme Court in Kastner acknowledged that this trial judge must first determine set up jury is aided with the expert opinion or if the question is within the common experience of an standard person, hence and expert's opinion may not be necessary, see Kastner with page 57.

In summary, the hard copy of the police report itself stays out of evidence. However if the foundation is present for an expert opinion from the officer, the ultimate opinion in some form may find its way into evidence. But first the providing party must establish the subject of the opinion is sufficiently beyond common experience, the police officer has the appropriate qualifications, and the opinion is based on reliable evidence, see California Evidence Code sections 720 together with 801.

D. Are the Witness Statements Just a Police Report Admissible with Trial?

Generally police reports contain statements of plaintiff, defendant, and non-party percipient witnesses. Whether or not these statements are admissible depends on whether or not they are hearsay. California Signs code section 1200 advises, "Hearsay evidence" is evidence of a statement that was made other than by a witness although testifying at the hearing and that is certainly offered to prove in reality of the matter claimed. "

Precisely what is admissible? Most commonly statements in police reports of the plaintiff or defendant can come into evidence via a recognized hearsay exception. Admissions from your plaintiff or defendant are the most commonly relied with hearsay exceptions, Cal. Evidence Code Sections 1220-1227. Also statements of a non-party percipient witness may come into evidence as impeachment if the witnesses' statement at trial is shown to be inconsistent with a statement inclined to the police officer, Carolina Evidence Code section 791.

Orite. Proving the Primary Confirming Officer's Opinion Is Drastically wrong.

These people key establishing a factual showing that the police officer got it wrong is a complete investigation of the walls of the officer's viewpoint. For accidents in congested urban areas extremely common for an investigating police to only speak to the one or two witnesses who are able to wait around at the scene and speak with the officer. When a witness sees that some others have come forward to help volunteer as witnesses, a lot of people simply leave the scene thinking they are not needed.

Some witnesses which can be actually spoken to by the police officer are only spoken to for a short period of time, in an abbreviated process that leaves out critical information on how the witnesses' attention was drawn to the accident, what they actually saw versus what they think may have happened. The typical police officer statement is a listing of what was said to your officer. An oral witness statement is noted just by an officer in his notebook. These notes are then transferred in the typed up police account. The typical police officer technique of taking and documenting witness statements is notably less reliable than some sort of taped audio recording of an witness. It is important to get hold of witnesses in the police report to determine the accuracy and foundation for any statements attributed to them by the police officer.

How do you find the witnesses who ? re not identified in the authorities report? The keys to locating additional witnesses are since follow: post signs in the surrounding area of the scene; return to the area and ask local store owners for any names of anyone they know often have see the event; look for surveillance videos that can have caught the collision itself on video; and secure the laptop computer aided dispatch (CAD) printouts or audio recordings of the people calling in to report the accident via their cellular phones. The CAD records will show the iphone numbers for the different people calling into that 911 dispatch system to help report the accident. Several callers are good percipient witnesses whose names are not in the police account.

Any good accident investigation is not complete without a thorough accident reconstruction. http://www.hubcapnation.com/used_hubcaps.htm, http://www.hubcapnation.com/hubcaps.htm, http://www.hubcapnation.com