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{"id":3725,"date":"2020-09-14T20:10:53","date_gmt":"2020-09-15T03:10:53","guid":{"rendered":"https:\/\/vegaspifirm.com\/?p=3725"},"modified":"2024-02-11T17:47:20","modified_gmt":"2024-02-11T17:47:20","slug":"are-traffic-tickets-admissible-in-car-accident-lawsuits","status":"publish","type":"post","link":"https:\/\/vegaspifirm.com\/are-traffic-tickets-admissible-in-car-accident-lawsuits\/","title":{"rendered":"Are Traffic Tickets Admissible In Car Accident Lawsuits"},"content":{"rendered":"

\"Traffic<\/p>\n

So many times in our 50+ combined years as\u00a0car accident attorneys<\/a> in Las Vegas, we\u2019ve had clients question why the negligent driver is disputing a car accident when that driver received a traffic ticket for causing the accident. We\u2019ve had to explain that traffic tickets are generally not admissible in a\u00a0personal injury lawsuit. A traffic ticket citation is a mere opinion by the investigating police officer. Even if the negligent driver paid the ticket, the ticket itself does not automatically become admissible.<\/p>\n

Personal Opinions Of Police Officers Responding To An Accident Are Not Admissible In Court<\/h3>\n

When a police officer comes to the scene of an accident, they gather evidence and then make a determination as to who caused the accident. That determination is considered an opinion and not a fact. In court, only medical and other expert witnesses can testify as to their opinions. Nev.Rev.Stat. 50.265<\/a>. Unless a police officer qualifies as an expert, he or she can\u2019t testify as to who he or she believes caused an accident.<\/p>\n

Police Officers Responding To A Crash Generally Do Not Perform An Accident Reconstruction<\/h3>\n

To qualify as an expert in Nevada, the expert must show that they have \u201cscientific, technical or other specialized knowledge\u201d that will help the jury and that they have \u201cspecial knowledge, skill, experience, training or education\u201d to back up their opinions. See Nev.Rev.Stat. 50.275<\/a>. Basically, this law means that police officers must show they have specialized training in accident reconstruction to be able to testify as to their opinion on who caused a crash. Also, the law means that the officer must also be able to show that he has sufficient evidence to support his conclusion.<\/p>\n

Police officers in Las Vegas usually get some training in accident reconstruction, but not to the same extent as recognized experts in accident reconstruction. Also, the typical Las Vegas police officer responding to a crash do not do the measurements and calculations that experts in accident reconstruction do. For example, experts in accident reconstruction usually measure \u201ccrush damage\u201d or the extent of deformity in the vehicles involved in a crash. Police officers typically do not do that. Usually, police officers responding to a car accident take statements from the drivers and passengers involved in the accident and independent witnesses. They then base their determination on those statements. When a crash results in death, Las Vegas police officers may perform a more detailed investigation and calculations. If they do, those officers may qualify as experts in court and testify to their opinions.<\/p>\n

The leading Nevada Supreme Court decision on the admissibility of a police officer\u2019s opinion is the personal injury case of Frias v. Valle, 101 Nev. 219, 698 P.2d 875 (1985)<\/a>. In that case, the plaintiff was struck by a taxi cab. In court, the drivers disputed the severity of the accident. During the trial, the court permitted the use of the police officer\u2019s traffic crash report as evidence. After the jury found in favor of the plaintiff, the defendant cab driver appealed to the Nevada Supreme Court, arguing that the crash report should not have been admitted. The Court agreed with the cab driver and explained its decision as follows:<\/p>\n

It is the function of the trier of fact to decide who and what caused an accident. The conclusions of Officer Sowder, based upon statements of third parties and a cursory inspection of the scene, did not qualify him to testify as to who was at fault. Evidence of the traffic citation was also inadmissible. By admitting Officer Sowder\u2019s traffic accident report into evidence, the trial court erred.<\/p>\n