What Toronto Police Records May Exist After a Serious Motorcycle Accident?

Quick Answer: A Toronto Police motorcycle collision file will usually include more than the basic collision report. Depending on the investigation, Toronto Police may also hold photographs, reconstruction notes, measurements, diagrams, video, a reconstruction report or crash-data retrieval material. These records are not created in every case and may need to be requested separately.

Is the Collision Report the Entire Toronto Police File?

No, the motor vehicle collision report is the standard record commonly requested after a Toronto motorcycle crash. It can provide important identifying information about the incident, but it should not be assumed to include every record created during the police investigation.

Serious motorcycle crashes frequently produce additional material, especially if specialized officers attended, the roadway was closed for investigation or the circumstances required more detailed documentation.

The Toronto Police Service collision-records page lists several products that may exist separately from the basic report, including photographs, reconstruction notes, measurements, diagrams, video and crash-data retrieval records.

Foster Injury Law’s Toronto motorcycle accident lawyers obtain and examine the available police material as part of investigating how a serious collision occurred.

What Does the Basic Toronto Police Collision Report Provide?

The Toronto Police describe the motor vehicle collision report as a record which can be requested for insurance purposes or for the involved person’s records.

The contents of the report are dependent upon the collision and the investigation. A report could help identify:

• the collision date and location;

• the involved parties and vehicles;

• the investigating officer;

• the police report number; and

• other information recorded during the initial investigation.

It should not be assumed to include the officer’s complete notes, every photograph, all witness material or specialized reconstruction products.

What Specialized Reconstruction Records May Exist?

Toronto Police lists several records and services that are commonly associated with serious collision investigations.

Depending on what was created in the individual case, potentially available material can include:

• an interview with the investigating officer;

• an interview with the police photo officer;

• police photographs;

• an interview with the reconstructionist;

• a reconstruction report;

• an executive summary;

• reconstruction measurements;

• reconstruction notes;

• a reconstruction scale diagram;

• reconstruction video; and

• crash-data retrieval records.

Not every serious motorcycle collision generates a complete reconstruction file. The records available depend on the scope of the police investigation and the work performed by the officers who attended.

Police Photographs

Police photographs help preserve the appearance of the collision scene before vehicles are removed, roadway marks fade or damaged property is repaired.

Depending on what the attending officers photographed, the images may show:

• the positions of the motorcycle and other vehicles;

• vehicle damage;

• debris or fluid on the road;

• tire, scrape or gouge marks;

• lane markings and traffic controls;

• the rider’s helmet or damaged equipment;

• surrounding sightlines; or

• temporary construction and roadway conditions.

Toronto Police lists photographs and an interview with the photo officer separately from the basic collision report.

Measurements, Notes and Diagrams

Toronto Police lists reconstruction measurements, reconstruction notes and a scale diagram as separate records that may be available.

These materials can preserve the location of vehicles, debris, roadway marks and fixed reference points after the scene has been cleared.

Diagrams that are contained in the basic collision report should not be treated as a reconstruction scale diagram. A basic diagram may provide a simplified illustration of the reported event. A specialized diagram may instead be based on measurements collected during the reconstruction investigation.

Reconstruction Reports and Executive Summaries

Toronto Police separately identifies a full reconstruction report and an executive summary as records that may be available.

An executive summary may provide a shorter account of the reconstructionist’s conclusions. The full report may contain additional information about the investigation and the records considered.

A police reconstruction is an important source of evidence, but it is not necessarily the final answer in a civil claim. The police investigation may have been completed before later witness evidence, private surveillance or other records were obtained.

Crash-Data Retrieval Records

Toronto Police also lists crash-data retrieval as a potentially available product after an investigation.

Whether such a record exists depends on the vehicles involved, the electronic systems they contained and whether police completed a download during the investigation.

The existence of crash-data retrieval material should not be assumed merely because the collision was severe.

The request should identify the specific crash-data retrieval record rather than asking generally for “electronic evidence.” This reduces uncertainty about what Toronto Police is being asked to locate.

What If the Rider Was Taken Directly to Hospital?

Seriously injured motorcyclists could easily be rendered unconscious, sedated or transported from the scene before speaking with police.

The initial police account can therefore rely heavily on information from the other driver and witnesses who remained at the location. The rider’s version may be absent or limited.

A lawyer's broad file should be reviewed to determine:

• who spoke with police;

• what each person reported;

• whether the rider was interviewed later;

• what physical evidence was documented;

• whether photographs or measurements were taken;

• whether video was obtained; and

• whether a reconstruction investigation occurred.

A later statement from the rider should reflect the rider’s genuine recollection. It should not be altered simply to fit an incomplete account recorded while the rider was unable to participate.

How Are Toronto Police Collision Records Requested?

Toronto Police accepts requests for motor vehicle collision reports by mail or in person through its Information Access counter at Police Headquarters.

The Service asks applicants to provide as much identifying information as possible, including:

• the officer’s name and badge number;

• the report number;

• the collision date;

• the road, street or intersection;

• the names of the involved parties; and

• the licence-plate numbers of the vehicles.

Requests should also describe any additional product that is being sought. Asking only for the collision report may not communicate that the requester also wants photographs, measurements, reconstruction notes or video.

Toronto Police currently states that collision reports are retained for six year; however, reports involving a fatality are retained indefinitely.

Which Toronto Police Request Process Applies?

Toronto Police processes motor vehicle collision reports and the specialized collision products listed on its Records Release page, including photographs, reconstruction reports, measurements, notes, diagrams, video and crash-data retrieval records.

The Service maintains a separate freedom-of-information process for many other police records. However, Toronto Police expressly states that records relating to motor vehicle accidents are not processed through its Information Privacy Section.

Requests concerning a motorcycle collision should therefore begin with the motor vehicle collision Records Release process. The request should identify the report number, collision date, location, involved parties and the specific additional records being sought.

Can a Lawyer Request Records for an Injured Rider?

Toronto Police states that copies of police reports may be released to involved parties or their representatives with consent.

The Service also advises that a law firm or insurer submitting an access request should provide a letter setting out the incident details, the client’s name and the necessary authorization.

Once Foster Injury Law is retained and provided with the required authorization, we can request the available records on the client’s behalf.

What If Toronto Police Collected Surveillance Footage?

The police file may include video that officers obtained from a business, condominium, TTC vehicle, commercial vehicle or witness.

Lawyers making a request should identify police-held video specifically where the file indicates that officers canvassed for cameras or collected footage. Disclosure may be affected by privacy restrictions, an ongoing investigation or other legal limits.

Police efforts should not be assumed to have identified every possible recording. A separate investigation may reveal footage from a camera that was not included in the police canvass.

Our guide to Toronto traffic-camera footage after a motorcycle accident explains the differences among City, TTC, provincial and private camera systems and why some recordings must be preserved quickly.

What If the Collision Occurred on Highway 401, Highway 427 or the QEW?

The Toronto Police Service does not provide reports for collisions investigated by another police service.

Its collision-records page states that collisions on Highway 401, Highway 400, Highway 404, Highway 427 and the Queen Elizabeth Way within Toronto are investigated by the Ontario Provincial Police.

Requests for police investigative records from those collisions must therefore be directed to the OPP rather than Toronto Police.

Ontario also provides a separate service for ordering a vehicle collision report. That report provides the provincial collision record and should not automatically be treated as the complete OPP investigative file

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The precise location is important. A collision described as occurring near the QEW, Gardiner or Highway 427 may have taken place on a provincial highway, the Gardiner Expressway, an entrance ramp or a Toronto street approaching the interchange. That location affects which police service investigated and which organization may hold reports, photographs, video or other records.

Our guide to motorcycle accident claims on the QEW and Gardiner examines how police jurisdiction, camera ownership, construction records and other evidence sources change along the corridor between Mississauga and Toronto.

Does Every Serious Motorcycle Collision Produce These Records?

No, The Toronto Police lists records that may be available, not records that are created in every serious case.

The available material can depend on:

• the seriousness of the injuries;

• whether a fatality occurred;

• whether a specialized reconstruction investigation was conducted;

• whether photographs or video were obtained;

• whether electronic information was downloaded; and

• the investigative decisions made at the scene.

Why Review More Than the Basic Report?

Additional police material can sometimes answer questions left unresolved by the basic collision report.

It can reveal:

• photographs not included with the report;

• measurements or diagrams from the scene;

• video obtained by police;

• specialized reconstruction records;

• electronic material collected from a vehicle;

• the basis for a police conclusion; or

• gaps that require further investigation.

  
  

How Foster Injury Law Reviews Toronto Police Records

When Foster Injury Law is retained after a serious Toronto motorcycle accident, we first identify the police service that investigated the collision.

For Toronto Police files, we request the basic collision report and assess whether the file refers to photographs, reconstruction records, measurements, video or crash-data retrieval material.

We then compare the police records with the collision location, available surveillance, vehicle damage, witness evidence and the rider’s account.

The purpose is not to treat the police report as a final determination of responsibility. It is to identify what police documented, obtain the additional records that exist and determine whether further evidence is required.

Frequently Asked Questions

Is the Toronto Police collision report the complete police file?

Not necessarily. Toronto Police separately lists photographs, reconstruction notes, measurements, diagrams, video, reconstruction reports and crash-data retrieval records as products that may exist.

Does every serious motorcycle accident have a reconstruction report?

No. A reconstruction report exists only where Toronto Police conducted the necessary specialized investigation and created that record.

Can a lawyer request Toronto Police collision records?

Yes. Toronto Police states that reports may be released to representatives with consent. The request should include the collision details and the client’s authorization.

How long does Toronto Police retain collision reports?

Toronto Police currently states that collision reports are retained for six years. Reports involving a fatality are retained indefinitely.

Are collisions on Highway 401 or the QEW investigated by Toronto Police?

No. Toronto Police states that collisions on Toronto’s identified 400-series highways and the QEW are investigated by the Ontario Provincial Police. The precise collision location should still be confirmed where it occurred near a highway interchange or the transition to the Gardiner Expressway.

Speak With a Toronto Motorcycle Accident Lawyer

A serious motorcycle claim should not be assessed from the basic collision report alone where additional police records may exist.

Foster Injury Law represents riders with serious motorcycle claims in Toronto. We request the available police records, investigate the evidence behind the initial report and pursue the insurance claim and lawsuit arising from the collision.

Contact us for a free consultation. We work on a contingency-fee basis, meaning legal fees are not charged unless the claim is successfully resolved.