Is is possible for someone who, according to a police report, was at fault for an auto accident to sue the non at fault person for injury damages?
1 Answer from Attorneys
The police report is not necessarily determinative of who is at fault, and anyone can sue anyone in this situation. The real question is who can prove a claim of negligence in court under the requisite standard of proof. The police report probably wouldn't even be brought up at trial, since the officer was not a witness, although he/she could testify as to any admissions either party made and as to their physical observations of the aftermath.