In the trial of a car wreck case, the investigating police officer has the power to change the outcome in the blink of an eye. The officer’s bias or lack of adequate accident-reconstruction training may lead her down the wrong path, but most jurors nevertheless will assume she is a disinterested, highly trained professional. Lawyers trying car wreck cases must understand key questions to ask regarding the police officer, because this presumably disinterested and highly trained witness can be the lawyer’s best friend or worst enemy at the courthouse. The following questions and take-away points from relevant court cases can help.
• How should the trial court handle police officer testimony? The reported cases give contradictory and confusing answers. Most courts admit police reports under the public-records exception to the hearsay rule in Texas Rule of Evidence 803(8). Other courts admit them under the business-record exception to the hearsay rule in Texas Rule of Evidence 803(6).
