One of the first pieces of evidence in auto accident claims is the official report created by police officers dispatched to the scene of the crash. Police reports document the who, what, where, when, and how of the accident. They should contain basic details about the crash, including identifying information for all drivers involved and their vehicles. They may even contain a diagram of how the accident unfolded.
At The Wilhite Law Firm, one of the first things we do in an auto accident case is obtain a copy of the official police report. Individuals involved in the accident can also obtain one for themselves. If you have been injured in a car accident, call us today for a free consultation. Read on to learn more about accident reports in Texas.
How Do I Get a Copy of My Crash Report?
There are a few ways to obtain a crash report in Texas. First, you can request a copy from the local police department that responded to your accident, normally for a small fee. If your accident happened in one of the following cities, you may request a copy of the report by following the embedded link:
Alternatively, if you can verify that you are a “person directly concerned in the accident or having a proper interest,” you can purchase a copy through the Crash Report Online Purchase System operated by the Department of Transportation (TxDOT). As the official custodian of crash records for the state, TxDOT collects reports of accidents on public roadways throughout Texas and retains each report for at least 10 years after the crash, plus the current year.
TxDOT charges a $6 fee for a regular copy of your report and $8 for a certified copy to be used in legal proceedings. You can immediately download your copy after paying the fee, and you do not need to repurchase your report to download it again.
Is a Crash Report Required by Law?
Yes, Texas law requires that police officers who investigate a crash file a report no later than the 10th day after the date of the accident. Specifically, the Texas Transportation Code provides that:
“A law enforcement officer who in the regular course of duty investigates a motor vehicle accident shall make a written report of the accident if the accident resulted in injury to or the death of a person or damage to the property of any one person to the apparent extent of $1,000 or more.”
Among other things, the accident report forms used by investigating officers should “require sufficiently detailed information to disclose the cause and conditions of and the persons and vehicles involved in an accident.” To ensure accuracy and neutrality, officers must comply with very specific rules and procedures when preparing their report. A complete accident report normally includes the following information:
- Date, time, and location of the accident.
- Contact information and personal details for each driver involved, including names, phone numbers, addresses, driver’s license numbers, insurer names, and insurance policy numbers.
- Names and contact information of any passengers or pedestrians involved in the accident.
- Identifying characteristics of the vehicles involved, such as make, model, color, license plate number, and vehicle identification (VIN) number.
- Description of injuries and property damage caused by the accident.
- Name and contact information of the towing company that helped clear the scene, if any, as well as the location of any vehicles towed from the site.
- The cause of the crash, including an explanation of contributing factors.
- Field-sobriety test results if a driver in the crash showed signs of intoxication.
- A diagram of the accident.
Why Is the Crash Report Important in Your Case?
As the dust settles after a wreck, the scene of the accident can change quickly. Evidence may begin to deteriorate or disappear altogether within hours after the crash. Police reports combat this by documenting as much evidence as possible early on. Because they are presumed to be neutral, police reports also act as a backstop down the road in case anyone attempts to misrepresent the facts of the accident.
In other words, as the first authoritative record of a wreck, police crash reports carry a lot of weight. If anyone involved in the crash files an insurance claim or lawsuit seeking compensation for their injuries, parties on all sides will closely scrutinize the crash report to try and shift blame. This makes the police report one of the most important pieces of evidence in your case.
On the other hand, though neutrality is presumed, it is important to remember that police reports may contain a mix of fact and opinion. For instance, the date, time, and location of an accident may be difficult to dispute. However, determinations of fault may be a closer call and can be contested using evidence from things like traffic cameras and witness testimony. So, though police reports provide lots of useful information about the events leading up to a crash, they are also just one piece in a larger puzzle.
Are Crash Reports Admissible Evidence in Texas?
Yes and no. Though a crash report may be used freely when negotiating an out-of-court settlement with the at-fault party and their insurers, the issue of whether it is admissible evidence in court is more complex. The primary obstacle to admitting police reports into evidence is the rule against hearsay. However, “unless the sources of information or other circumstances indicate lack of trustworthiness,” the public records exception should solve this problem.
Even so, trial courts are given great latitude when determining the admissibility of evidence, and some will strike portions of a police report that seem more like matters of opinion than fact. As one court explained, although accident reports are “generally admissible,” when “the investigating officer is not deposed, does not testify at trial, and nothing is offered in the way of qualifications, opinion testimony regarding causation may properly be deemed inadmissible.”
Contact a Texas Auto Accident Lawyer Today
Police reports are important sources of evidence in auto accidents. The information contained in an officer’s report can turn the tide of a personal injury lawsuit, and both sides will scrutinize it closely as they build their case. That said, when evaluating police reports, it is also important to recognize their limits.
The Wilhite Law Firm has decades of experience handling personal injury lawsuits and is ready to handle yours. As we build the foundations of your case, our attorneys will look to all sources of evidence, including but not limited to police accident reports. If you were injured in a Texas auto accident at little to no fault of your own, you are likely entitled to legal compensation. Call us today for a free consultation.
