Business record challenge to police report

Understanding Business Records and Police Reports in New York Personal Injury Cases

When pursuing a personal injury claim in New York, evidence is everything. For victims of car accidents, slip and falls, and other incidents throughout Long Island, Queens, Brooklyn, and Manhattan, understanding what evidence can be used in court is crucial to building a successful case. The recent decision in Hernandez v Tepan provides important insights into the admissibility of police reports and the business record exception to hearsay rules.

The Challenge to Police Report Admissibility

Hernandez v Tepan, 2012 NY Slip Op 01211 (2d Dept. 2012)

“As the defendant correctly contends, the police accident report submitted by the plaintiff in support of the plaintiff’s motion for summary judgment on the issue of liability constituted inadmissible hearsay, since the report was not certified as a business record (see CPLR 4518; Johnson v Lutz, 253 NY 124, 128; Bailey v Reid, 82 AD3d 809, 810; see also Noakes v Rosa, 54 AD3d 317, 318), and there is no indication that some other hearsay exception applied to the statements contained in the report”

This case is a hard read. It says an uncertified police report is hearsay, yet cites to 4518(a) and not 4518(c). The cases that are cited deal with, in essence, Hochauser issues.

The Complexity of Police Report Admissibility in New York

The Hernandez v Tepan decision highlights a persistent challenge in personal injury litigation across New York State. For attorneys and clients dealing with accident cases in Nassau County, Suffolk County, and the five boroughs of NYC, understanding the nuances of police report admissibility can make or break a case.

The court’s reference to CPLR 4518(a) rather than 4518(c) creates some interpretive challenges. CPLR 4518(a) deals with the general business record exception, while 4518(c) specifically addresses public records. This citation pattern suggests the court was focusing on the fundamental requirements for business record authentication rather than the specific rules for police reports.

Understanding the Business Record Exception

In New York personal injury law, the business record exception to hearsay (CPLR 4518) allows certain documents to be admitted as evidence even though they contain out-of-court statements. For a document to qualify as a business record, it must meet specific criteria:

1. Regular Course of Business: The record must be made in the ordinary course of business
2. Contemporaneous Recording: The information must be recorded at or near the time of the event
3. Personal Knowledge: The person recording must have personal knowledge or received information from someone with knowledge
4. Proper Certification: The record must be properly certified or authenticated

The Johnson v. Lutz Doctrine and Its Impact

The Hernandez court’s citation to Johnson v Lutz is significant for personal injury practitioners throughout Long Island and New York City. This landmark case established that police accident reports containing statements from witnesses or parties not under a business duty to report accurately cannot be admitted as business records.

Key Principles from Johnson v. Lutz:

• Source Matters: Information in police reports from parties without a duty to report accurately is problematic
• Hearsay Within Hearsay: Police reports often contain multiple levels of hearsay statements
• Authentication Requirements: Proper certification is essential for admissibility
• Alternative Exceptions: Other hearsay exceptions may apply in specific circumstances

Practical Implications for Personal Injury Cases

For clients seeking representation after accidents in Hempstead, Garden City, Brooklyn Heights, or anywhere across the New York metro area, the Hernandez decision underscores several important points:

Police Reports Are Not Automatically Admissible: Many clients assume that police reports are automatically accepted as evidence. However, without proper certification and meeting business record requirements, these crucial documents may be excluded.

Early Case Preparation is Essential: Experienced personal injury attorneys must identify evidence issues early and develop strategies to authenticate police reports or find alternative means of proving liability.

Alternative Evidence Sources: When police reports face admissibility challenges, attorneys must rely on other evidence such as:

• Direct witness testimony
• Expert accident reconstruction
• Physical evidence from the scene
• Surveillance video
• Medical records documenting injuries

Hochauser Issues and Their Relevance

The reference to “Hochauser issues” in the original commentary points to Hochauser v. New York City Transit Authority, a significant case dealing with the admissibility of business records in personal injury actions. This connection suggests that the court in Hernandez was grappling with fundamental questions about what constitutes a proper business record.

Understanding Hochauser Principles:

The Hochauser doctrine affects how attorneys handle documentary evidence in personal injury cases throughout New York:

• Reliability Standards: Business records must meet strict reliability requirements
• Foundation Requirements: Proper foundation must be laid for documentary evidence
• Chain of Custody: Clear chain of custody must be established
• Witness Availability: Consider whether live witness testimony is necessary

Strategic Considerations for Personal Injury Practice

For personal injury victims and their attorneys operating in the complex New York legal landscape, the Hernandez decision offers several strategic lessons:

Early Evidence Preservation

Don’t rely solely on police reports. Immediately after an accident, preserve all available evidence including:

• Photographs of the accident scene
• Contact information for witnesses
• Medical documentation
• Vehicle damage assessments
• Insurance carrier notifications

Expert Witness Preparation

When police reports face admissibility challenges, expert witnesses become even more crucial. This includes:

• Accident reconstruction specialists
• Medical experts for injury causation
• Economic experts for damage calculations
• Vocational experts for lost earning capacity

Alternative Legal Theories

Experienced attorneys develop multiple theories of liability to protect against evidence challenges:

• Negligence per se violations
• Res ipsa loquitur applications
• Product liability claims
• Premises liability theories

Protecting Your Rights After an Accident

If you’ve been injured in a car accident, slip and fall, or other incident anywhere in New York – from Montauk to Manhattan, from the Bronx to Buffalo – understanding your rights regarding evidence is crucial to your case’s success.

Why Experience Matters in Evidence Handling

The Hernandez v Tepan decision demonstrates why choosing an experienced personal injury attorney is so important. The Law Office of Jason Tenenbaum understands the complexities of New York evidence law and knows how to navigate challenges to police report admissibility.

Our comprehensive approach includes:

• Immediate Evidence Preservation: We act quickly to secure and preserve all available evidence
• Expert Witness Networks: Access to qualified experts in accident reconstruction, medical causation, and damages
• Alternative Evidence Development: When police reports face challenges, we develop alternative proof strategies
• Procedural Expertise: Understanding of CPLR requirements and New York case law

Frequently Asked Questions About Police Reports and Evidence

Can a police report be used as evidence in my personal injury case?

Police reports can potentially be admitted as evidence, but they must meet specific legal requirements. The report must be properly certified as a business record, and the information contained must fall within recognized hearsay exceptions. An experienced attorney can evaluate whether your police report will be admissible and develop alternative evidence strategies if needed.

What happens if the police report in my case contains errors?

Police reports can contain inaccuracies, and these errors can impact your case. However, experienced attorneys can challenge incorrect information and present alternative evidence to establish the true facts of your accident. This is why it’s crucial to preserve independent evidence and witness statements.

How long do I have to file a personal injury claim in New York?

New York’s statute of limitations for personal injury claims is generally three years from the date of the accident. However, there are exceptions for certain types of cases and defendants. It’s important to consult with an attorney as soon as possible to protect your rights and ensure all evidence is properly preserved.

What types of evidence are most important in a personal injury case?

Critical evidence includes medical records documenting your injuries, witness statements, photographs of the accident scene and your injuries, expert testimony, and any available surveillance video. The specific evidence needed depends on the circumstances of your case and the legal theories being pursued.

Do I need an expert witness for my personal injury case?

Expert witnesses are often essential in personal injury cases, particularly when police reports face admissibility challenges. Experts can provide accident reconstruction, medical causation opinions, and damage calculations. An experienced attorney will know when expert testimony is necessary and can connect you with qualified professionals.

Get the Legal Representation You Need

Don’t let evidentiary challenges derail your personal injury case. The Hernandez v Tepan decision shows how complex evidence issues can arise, but with experienced legal representation, these challenges can be overcome.

If you’ve been injured in an accident anywhere in the New York area – whether in Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, or beyond – the Law Office of Jason Tenenbaum is ready to fight for your rights.

We understand the intricacies of New York evidence law and know how to build strong cases even when traditional evidence faces challenges. From the moment you contact us, we’ll work to preserve crucial evidence and develop the strongest possible case for your recovery.

Contact the Law Office of Jason Tenenbaum today at 516-750-0595 for your free consultation. Time is critical in preserving evidence and protecting your rights – don’t wait to get the experienced legal help you deserve.

Serving injured clients throughout Long Island, New York City, and all of New York State with dedicated personal injury representation focused on achieving the best possible outcomes for every case.

Related Articles

• Court guidance on the business records exception
• Business records electronic data entry requirements
• CPLR 4518(a) business records admissibility rules
• Business records rule restoration in NY personal injury law
• New York No-Fault Insurance Law

Legal Update (February 2026): Since this post’s publication in 2012, New York’s Civil Practice Law and Rules (CPLR) Section 4518 governing business records has undergone potential amendments, and appellate courts have issued additional decisions that may have refined the standards for admitting police reports and other business records in personal injury cases. Practitioners should verify current CPLR 4518 provisions and recent case law developments regarding business record certification requirements and hearsay exceptions before relying on the legal framework discussed in this post.