Charlotte, NC Law Firm
704-714-1450
FREE CONSULTATION 24/7
NC Police Writing Traffic Ticket
Looking for a Charlotte Car Accident Lawyer Near You?
Call Today!
NC Police Writing Traffic Ticket

Admissibility of Police Report in NC Car Accidents

Our lawyers are repeatedly asked by younger lawyers how to handle certain situations which inevitably arise throughout the course of a trial.  We were recently asked about how to admit the police report during a car accident trial.

The accident report is admissible under two hearsay exceptions. N.C. Gen. Stat. § 20-166.1(e) requires law enforcement officers investigating an accident to make a report of the accident within 24 hours.  That report “may be used in any manner as evidence, or for any other purpose, in any trial, civil or criminal, as permitted under the rules of evidence.”  N.C. Gen. Stat. § 20-166.1(i).

North Carolina courts have long held that accident reports are admissible, both under the hearsay exception for business records (Rule of Evidence 803(6) – Records of regularly conducted activity) or under the exception for public records  (Rule of Evidence 803(8) – Public Records and Reports).

For example, in Fisher v. Thompson, 50 N.C. App. 724, 275 S.E.2d 507 (1981), plaintiff argued that the investigating officer should be allowed to read an accident report in its entirety.  The court noted that the document was properly authenticated, and found that the court erred in excluding portions of the report.

“Officer Smith testified that he prepared the report in the normal course of his employment and that it was standard procedure to do so shortly after investigating an accident. He authenticated the report by identifying the handwriting thereon as his own. Thus, it appears that the contents of the report qualified for admission under the hearsay exception for entries made in the regular course of business.”  Id.

Similarly, in Wentz v. Unifi, 89 N.C. App. 33, 365 S.E.2d 198 (1988), the court held that a properly authenticated accident report should be admitted into evidence.

Under N.C. Gen. Stat. § 8C, Rule 803(6) (1986) of the N.C. Rules of Evidence, “Records of Regularly Conducted Activity,” highway accident reports may be admissible, as a business records exception to the hearsay rule. To be admissible such reports must be authenticated by their writer, prepared at or near the time of the act(s) reported, by or from information transmitted by a person with knowledge of the act(s), kept in the course of a regularly conducted business activity, with such being a regular practice of that business activity unless the circumstances surrounding the report indicate a lack of trustworthiness.  Fisher v. Thompson, 50 N.C. App. 724, 275 S.E.2d 507 (1981).  Such reports may also be admissible as “official” reports under Rule 803(8), “Public Records and Reports,” if properly authenticated.

Investigating officers are permitted to draw conclusions based on their interviews with those involved in an accident, and to include those in their accident report.  In Wentz v. Unifi, 89 N.C. App. 33, 365 S.E.2d 198 (1988), the court held, “Trooper Yates was entitled to report his understanding of the accident as told to him by both plaintiff and defendant.”  Id. at 40, 365 S.E.2d at 201.

Similarly, in Keith v. Polier, 109 N.C. App. 94, 425 S.E.2d 723 (1993), plaintiff objected to the admissibility of certain statements made by a driver at the scene of an accident.  The driver had died sometime after the accident, unrelated to any injuries suffered at the scene.  The court of appeals found that the statements were admissible, simply because they were contained within the accident report, and the report was admissible as a record of regularly conducted activity.  The court said:

By plaintiff's first assignment of error, she contends that the trial judge erred in admitting the testimony of Officer Simmons concerning statements made by the decedent, Patrick John Ray at the scene of the accident. She argues that the testimony of Officer Simmons was offered “for the truth of the matter asserted” and was therefore inadmissible hearsay pursuant to N.C. Gen. Stat. § 8C-1, Rule 802 of the Rules of Evidence.  Defendant asserts in response that Officer Simmons’ investigative report was admissible pursuant to N.C. Gen. Stat. § 8C-1, Rule 803(6) of the North Carolina Rules of Evidence as a record of regularly conducted activity and Rule 803(8) as a public record and report. We agree.

A trooper’s conclusions about that cause of a crash may be based on his interviews with the participants, and the statements made by such persons are properly considered a part of his report.

It is well-settled that a witness’ prior consistent statements are admissible to corroborate the witness' sworn trial testimony.  State v. Harrison, 328 N.C. 678, 681, 403 S.E. 2d 301,303 (1991); State v. Magraw, 137 N.C. App. 726, 529 S.E.2d 493 (2000).   Corroborative evidence by definition tends to “strengthen, confirm, or make more certain the testimony of another witness.”  State v. Adams, 331 N.C. 317, 328-29, 416 S.E.2d 380, 386 (1992). Corroborative evidence need not mirror the testimony it seeks to corroborate, and may include new or additional information as long as the new information tends to strengthen or add credibility to the testimony it corroborates.  State v. Petty, 132 N.C. App. 453, 458, 512 S.E.2d 428, 432 (1999).

Under both arguments an attorney should not have an issue with getting a Charlotte accident report admitted into evidence.

Additional Car Accident Personal Injury Articles

July 1, 2025
Why You Need a Fatigued Truck Driver Accident Attorney in Charlotte After a Crash

After an accident involving a large commercial truck, most people are left feeling overwhelmed, confused, and unsure of what to do next. These crashes are often far more serious than typical car accidents because of the sheer size and weight of trucks. When a driver is fatigued behind the wheel, the risks increase dramatically. Sleep-deprived […]

July 1, 2025
What Should You Know About Working With a North Carolina Motorcycle Accident Rights Attorney

After a motorcycle accident, it’s normal to feel overwhelmed. There’s the shock of what happened, the physical pain, and the sudden wave of questions about what comes next. Between dealing with insurance companies and trying to heal, it's easy to feel like you’re being pulled in too many directions. Many people aren’t sure what their […]

July 1, 2025
How to Choose an Attorney for Bicycle Crash Spinal Injury Cases in Charlotte

Bicycle crashes can be frightening on their own, but when they lead to spinal injuries, the stress can multiply fast. Between dealing with medical appointments, physical discomfort, and a growing stack of paperwork, the last thing anyone wants is to feel uncertain about what to do next. Spinal injuries can range from painful and temporary […]

July 1, 2025
How to File a Wrongful Death Claim for a Dependent Spouse in Charlotte, NC

Losing a spouse is devastating, and when their death was caused by someone else's actions, the grief is often accompanied by confusion, anger, and a sense of injustice. For many in Charlotte who have relied on a spouse not just emotionally, but financially and practically, the idea of filing a wrongful death claim can feel […]

linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram