Section 4.21 Motor Vehicle Accident Reports

• Library: Sources of Proof (2014 Ed.)

L. (§4.21) Motor Vehicle Accident Reports

A motor vehicle accident report (police or highway patrol) may be offered into evidence as a public record as long as it can be shown that:

· the report was made by the reporting officer on the basis of the officer’s own personal investigation and knowledge; and

· such a report was required by statute, ordinance, rule, or regulation.

See Snider v. Wimberly, 209 S.W.2d 239, 241 (Mo. 1948); Ensminger v. Stout, 287 S.W.2d 400 (Mo. App. W.D. 1956).

But motor vehicle accident reports normally are qualified and admitted under The Uniform Business Records as Evidence Law, §§ 490.660–490.690, RSMo 2000. See:

· Nash v. Sauerberger, 629 S.W.2d 491, 492 (Mo. App. E.D. 1981)

· Nelson v. Holley, 623 S.W.2d 604, 607 (Mo. App. W.D. 1981)

· Stegall v. Wilson, 416 S.W.2d 658, 664 (Mo. App. W.D. 1967)

This law only eliminates the hearsay objection to the report itself. “[I]t does not make admissible any evidence which would be incompetent if offered in person.” Ryan v. Campbell ‘66’ Express, Inc., 304 S.W.2d...