Maybe, if an exception to the hearsay rule applies to the 911 call.
The present sense impression exception is one exception to the hearsay rule that might permit the admission of a recording of a 911 call into evidence at the trial of a personal injury case. Writing on the requirements of the present sense impression exception to the hearsay rule, the Virginia Court of Appeals has said:
In order for the present sense impression exception to apply, three requirements must be satisfied: “(1) the declaration must have been contemporaneous with the act; (2) it must explain the act; and (3) it must be spontaneous.” Clark, 14 Va.App. at 1070, 421 S.E.2d at 30.
Explaining the rationale behind the present sense impression exception to the hearsay rule, the Virginia Court of Appeals has said:
“The ‘circumstantial guarantee of trustworthiness’ of this exception is found in the contemporaneousness and spontaneousness of such statements.” Friend, supra, § 18-20, at 798. “ ‘The trustworthiness of the assertion arises from its timing. The requirement of contemporaneousness, or near contemporaneousness, reduces the chance of premeditated prevarication or loss of memory.’ ” Foley v. Commonwealth, 8 Va.App. 149, 161-62, 379 S.E.2d 915, 922, aff’d on reh’g en banc, 9 Va.App. 175, 384 S.E.2d 813 (1989) (quoting Booth v. State, 306 Md. 313, 508 A.2d 976, 980 (1986)) (emphasis added).
Suppose the trial judge determines that the 911 call was contemporaneous with or nearly contemporaneous with the events described by the 911 caller, that the 911 caller described the events he or she observed, and that the 911 caller’s statements were made spontaneously.
In that case, the 911 call might be admissible at trial as an exception to the hearsay rule. It is also possible that the 911 call would be admissible under some other exception to the hearsay rule, such as an admission by a party opponent.
Contact our personal injury lawyers in Virginia Beach.
Questions regarding the admissibility of evidence at trial and exceptions to the hearsay rule are specific to each personal injury case. We encourage you to call one of our personal injury lawyers in Virginia Beach.
We can advise the prospective client on what testimony a witness can give at trial and what testimony will be prohibited based on hearsay or some other rule of evidence.
As in all personal injury cases, experienced personal injury lawyers can also advise the injured person on the value of the injury claim, guide the injured person through the process of filing a claim with the applicable insurance company or companies, and represent the injured person in the litigation of the personal injury claim if a lawsuit becomes necessary.
Schedule a Consultation With Preston, Wilson & Crandley, PLC
At Preston, Wilson & Crandley, PLC, we are here to help navigate the complexities of post-accident procedures and legal matters. Our experienced team ensures you receive the support and compensation you deserve.
Our attorneys handle injury claims ranging from bicycle accidents, pedestrian accidents, motorcycle accidents, truck accidents, and car accidents to drunk driving accidents and wrongful death claims.
Give us a call and let our experience work for you. We have been helping the people of Virginia since 1955 and are ready to help you. Schedule a consultation to discuss your case.
If you need a Personal Injury Attorney in Virginia Beach, contact us at (757) 486-2700.
Follow us on Facebook.