If the person who is charged in the accident is TIA in traffic court, can this be used in the civil case?
Personal Injury Lawyer
The officer may be called as a witness for *some* things. S/he will be able to testify as to (1) their own observations, with their eyes, ears, etc (2) their own actions, and (3) *if* they are an expert in accident reconstruction, their conclusions and expert opinions. In most cases, though, they will not be able to testify as to "what happened at the time of the accident" for the simple reason that they were not there at the time of the accident. They cannot testify as a fact witness except where they have personal knowledge.
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Car / Auto Accident Lawyer
Yes, the officer who issued your ticket can be used as a witness in court. At times the notes, report, and any other information collected by the officer can be used as well.
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3 lawyers agree
Car / Auto Accident Lawyer
The traffic cop will be allowed to testify about some things, typically things he/she observed at the scene of the collision. The traffic collision report itself is typically excluded as hearsay, but may be used to refresh the officers recollection on certain matters. In California the the outcome in traffic court is not typically binding in a civil case but you would need to get an attorney familiar with South Carolina law to chime in.