Q
The police officer charged the other driver in my Virginia car accident case. Doesn't the accident report count as evidence in my trial that the other party was at fault?

A
No. The accident report does not come in as evidence (see Virginia code 46.2-379). The accident report is really just the officer's opinion of what happened. Most often the officer did not see the collision and is relying on the statements of the drivers involved and other witnesses. The officer can testify to statements made to him by the parties at the scene, where he found the cars, and that a diagram of the scene is accurate, but his report cannot be admitted as evidence because the other side needs to be able to question the officer.

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