How to Amend a Police Accident Report in Georgia

Police reports are important pieces of information, especially in the aftermath of a car accident. Insurance companies will use them to assess fault. They can also serve as evidence in court, particularly when the report reflects the observations of a police officer. But what about all of the instances where a police report contains inaccurate information? Is it possible to amend a police report so that it is accurate?

The short answer to this question is “Yes.” A police report can be amended, but the process to change it will depend on the nature of the error and the evidence you have on hand to support your claim.

The Types of Errors In A Police Report  

1. Factual Errors: These include mistakes like incorrect names, license plate numbers, and vehicle descriptions. These types of errors can be corrected by providing documents including identification, vehicle registration, and other supporting records.
2. Subjective Errors: These involve instances where an officer’s interpretation of events, including who they deem at fault, is incorrect. Amending these types of errors can be much more challenging and often requires the petitioner to submit strong evidence.

Steps To Amend A Police Report 

1.  Gather Evidence

Evidence is key to amending a police report. There are several different types of evidence that should be collected.

• Video Footage: Car accidents are typically covered by many different cameras. This can include a driver’s dashcam footage and surveillance footage from nearby businesses.
• Electronic Data: Cars often have electronic data recorders (EDRs) that can shed light on vehicle speed, braking, and other critical data prior to a collision.
• Witness Statements: Testimony from passengers, other drivers, or people on the street can help corroborate your version of events.

For instance, dashcam footage can definitively prove that you entered an intersection on a green light if your report said that the light was red. Presenting this evidence to the investigating officer can compel them to make needed corrections.

2. Contact The Investigating Officer

Every police report is created by a member of law enforcement. Locate the officer’s name and badge number. The officer that created your report will typically be listed at the end of the document. You can then call the police department’s non-emergency number and request to speak with the investigating officer. When speaking with the officer, provide your evidence and explain the discrepancy listed in the report.

3. Work With An Attorney

Though it is possible to address inaccuracies in a police report independently, there are several benefits that can come with hiring an attorney. Attorneys are intimately familiar with the complexities of evidence and can navigate several important issues like:

• Hearsay Rules: Police reports usually contain statements from various witnesses, which could be considered hearsay in a court of law. An attorney can ensure that these statements are handled properly and not used against you.
• Preserving Evidence: Attorneys can help ensure that crucial pieces of evidence, such as additional witness statements, are properly documented before being lost as people’s memories fade.

There are no up-front costs associated with hiring an attorney. Instead, they only get paid by the opposing party if they are able to successfully resolve your case.

When Amending May Not Be Possible 

In many situations, officers may refuse to amend the subjective statements of a police report, especially when they are supported by witness statements. In these types of cases, the officer might choose to leave the question of who is at fault to a jury. This doesn’t mean that your case is doomed. Other forms of evidence can still support your claim. Eyewitnesses often have imperfect memories and may not perceive an event all that clearly. Medical records, traffic footage, accident site photos, and vehicle damage patterns can help paint a clear picture of what caused a collision, regardless of what any witness may claim.

A Real-World Example 

In one case, our client rear-ended a commercial vehicle and was cited for following the vehicle too closely. However, during the discovery process, we were able to obtain dashcam footage and electronic data showing that the commercial vehicle was negligently maintained. This evidence moved the investigating officer to withdraw his citation, though they left the issue of fault up to the courts. This case demonstrates the importance of legal representation and thorough evidence collection.

Getting Legal Help To Fix An Incorrect Police Report 

While police reports can be enormously useful, they are not the definitive account of what took place. They often contain errors, especially when it comes to the subjective statements that officers make with respect to fault. When errors are encountered on a police report, they should be addressed as early as possible with supporting evidence.

But this might not be possible for a number of different reasons. An accident victim may be preoccupied with treating their injuries in the aftermath of a collision. Or the investigating officer may simply refuse to admit that they made a mistake. This is much more common than many people realize. If you’ve been involved in a collision and believe the police report contains errors, don’t wait to take action. The car accident attorneys at Butler Kahn are here to support you. You can reach out to our office anytime for a risk-free consultation at 678-940-1444.

Jeb Butler

Jeb Butler’s career as a Georgia trial lawyer has led to a $150 million verdict in a product liability case against Chrysler for a dangerous vehicle design that caused the death of a child, a $45 million settlement for a young man who permanently lost the ability to walk and talk, and numerous other verdicts and settlements, many of which are confidential at the defendant’s insistence. Jeb has worked on several cases that led to systemic changes and improvements in public safety. He has been repeatedly recognized as a Georgia SuperLawyer and ranks among Georgia’s legal elite. Jeb graduated in the top 10% of his class at UGA Law, argued on the National Moot Court team, and published in the Law Review. He is the founding partner of Butler Kahn law firm. Connect with me on LinkedIn