Partner at AKD Lawyers
Practice Areas: Personal Injury
After a car accident in Louisiana, one of the first documents created is the police accident report. Insurance companies, lawyers, and sometimes even judges rely on this report to understand what happened. But these reports aren’t always flawless. Small mistakes or missing information can change how fault is viewed, which can affect insurance claims and compensation.
If you were involved in a crash in New Orleans, understanding how these reports work can help you avoid misunderstandings that might hurt your claim. A New Orleans car accident lawyer often reviews these reports carefully to catch errors or missing details that can make a difference later.
Why Louisiana Police Accident Reports Matter
When police arrive at a crash scene, they secure the area, help the injured, and record the details that form the official accident report. This report provides a factual overview but doesn’t determine fault under Louisiana law.
Insurance companies often rely heavily on these reports to decide who should pay for damages. The problem is that police officers can only report what they see or hear, and that snapshot might not tell the full story.
A police report can help with:
- Establishing when and where the crash happened
- Identifying drivers, passengers, and witnesses
- Recording road conditions and vehicle damage
However, it’s important to remember that it’s only one piece of evidence. Louisiana courts view police reports as secondary evidence, which means they can support your case but not decide it.
What’s Required by Louisiana Law
Under Louisiana Revised Statute § 32:398, a police accident report is mandatory when a crash involves injury, death, or property damage exceeding $500. Officers are required to file this report with the Louisiana Department of Public Safety.
A typical report includes:
- Date, time, and exact crash location
- Driver and vehicle information
- Road, lighting, and weather conditions
- Statements from drivers and witnesses
- Officer’s diagram and narrative
- Citations, if any were issued
These reports are filed with the state’s crash database and become part of the public record. You can usually request a copy through the Louisiana State Police website or your local parish department.
“Police accident reports are often used as evidence, but they are not legally conclusive. Courts and insurance companies may interpret them differently.” — Louisiana Department of Public Safety & Corrections.
Common Errors and Omissions in Accident Reports
Police reports are written quickly, often in stressful situations. Officers rely on witness statements, visible damage, and their own observations. Mistakes can easily happen.
Common issues include:
- Incomplete or inaccurate witness statements
- Wrong vehicle direction or lane markings
- Missing damage descriptions or citation details
Even small errors can affect how insurers or lawyers interpret what happened. For example, being listed first in the report doesn’t mean you’re at fault. Sometimes, officers base their assumptions on what they hear from the loudest or most confident driver rather than verified facts.
According to the Insurance Information Institute, more than 15% of crash reports contain factual inaccuracies. Reviewing your report for mistakes and requesting corrections can prevent future complications.
How Fault Works Under Louisiana’s Comparative Negligence System
Louisiana follows a pure comparative fault system. This means responsibility for a crash can be shared between drivers. If you are found 25% at fault, your compensation will be reduced by that same percentage.
Insurance companies often use police reports to assign initial fault, but they don’t have the final say. Fault determination depends on the entire set of evidence, including photos, videos, and expert analysis.
Even if the police report leans against you, Louisiana’s comparative fault system allows you to seek compensation based on your degree of responsibility.
Understanding this rule helps you see why an error in a police report doesn’t automatically end your claim. It simply means you may need additional evidence to support your side.
Steps to Take if You Find Errors in the Report
If your report contains mistakes or omissions, it’s possible to fix them. You can request a copy from the Louisiana State Police or local police department, then carefully check every detail.
To correct an error:
- Gather proof like photos, dashcam video, or eyewitness statements
- Contact the officer or department and ask if they accept amendments
- Provide written evidence to support factual corrections
Keep in mind that factual errors (like names, dates, or vehicle details) are easier to change than opinions. If the officer made a judgment call about fault, it may not be revised, but your additional evidence can still be added to the file.
Building a Stronger Case Beyond the Report
A police report helps document the crash, but it doesn’t tell the whole story. Many successful claims include other evidence such as surveillance videos, traffic camera footage, or expert reconstruction.
Crash reports are only as accurate as the information gathered at the scene. If a driver was injured, unconscious, or unavailable, their account might be missing entirely. This is why following up and adding new information is crucial.
“A complete understanding of a crash often requires physical evidence, expert analysis, and witness interviews beyond what’s written in the report.” — Louisiana Office of Motor Vehicles
What’s Typically Included in a Louisiana Police Accident Report
|
Section |
Information Recorded |
Why It Matters |
| Basic Info | Date, time, and crash location | Establishes record of incident |
| Drivers & Vehicles | Names, license numbers, plate numbers | Identifies responsible parties |
| Witnesses | Names and statements | Provides supporting accounts |
| Diagram | Sketch of vehicle positions | Helps visualize the collision |
| Officer Narrative | Summary and possible fault opinion | Influences insurance interpretations |
| Citations | Any violations issued | Can affect comparative fault analysis |
Frequently Asked Questions
What does a Louisiana police accident report include?
It records crash details like time, place, driver and witness info, diagrams, and officer notes as required under Louisiana Revised Statute § 32:398.
How can I get a copy of my accident report?
Request it from the Louisiana State Police or your local parish police department. A small processing fee is usually charged.
Can I correct an error in the report?
Yes. You can submit additional documents, photographs, or written clarifications to supplement or amend your report if it contains factual mistakes.
Does the police report determine who’s at fault?
No. It provides useful information but does not legally determine fault. Fault is based on the full evidence and comparative negligence rules.
What if the officer didn’t speak to me at the scene?
If you were injured or unavailable, your account might be missing. You can later provide your version through a statement or supporting evidence.
Are police reports admissible in court?
Yes, but they are considered secondary evidence. Courts prioritize firsthand testimony and physical or video evidence for accuracy.
Conclusion
Police accident reports in Louisiana are important records, but they are not perfect. They summarize what happened, yet they may leave out critical details or contain assumptions made under pressure. Understanding what’s inside the report, checking it for errors, and knowing how Louisiana’s comparative fault law works can help you protect your rights after a crash.
If you believe your police report is incomplete or inaccurate, don’t ignore it. Review it carefully, gather supporting evidence, and take steps to correct mistakes. Doing so ensures that your side of the story is heard fairly.
At Alvendia, Kelly & Demarest Law Firm, we help Louisiana residents understand the details that shape their personal injury claims. If you have questions about your accident report or need help reviewing it, contact our team for a free consultation today.
Categories
In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
