Under Texas law, police officers in Houston, TX must prepare written reports whenever they investigate vehicle crashes that cause death, injury, or at least $1,000 in property damage to anyone involved. This report provides valuable information for a Houston car accident lawyer pursuing injury claims for accident victims.
However, these reports sometimes contain factual errors. Correcting these errors might prevent disputes with the insurers and lawyers defending the at-fault driver. Attorney Brian White Personal Injury Lawyers will help you understand what to do when the police crash report is wrong. We’ll gather evidence, including accurate crash reports, to support your car accident case.
Call (713) 500-5000 or contact our law office today to schedule a free consultation.
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How Attorney Brian White Personal Injury Lawyers Can Help After A Car Accident In Houston, TX
For over 20 years, Attorney Brian White Personal Injury Lawyers has represented car accident victims in Houston, Texas. Our attorneys have over 45 years of combined legal experience fighting for fair compensation from at-fault drivers and their insurers. Members of our legal team have been recognized by The National Trial Lawyers, the Multi-Million Dollar Advocates Forum, and other prestigious legal organizations.
When you get injured by another driver’s wrongful acts, our Houston car accident attorneys will assist you in the following ways:
- Explain your legal situation so that you can make informed decisions about your case
- Collect the crash report and other records for your case
- Pursue a settlement from the at-fault driver’s insurer
- File a lawsuit if the insurer does not offer a fair resolution
The evidence in your case, including the crash report, will be crucial to proving the other driver’s liability for your injuries. Contact Attorney Brian White Personal Injury Lawyers to schedule a free consultation with a Houston personal injury attorney.
Contents Of A Crash Report
The officers who respond to your car accident will manage the scene and investigate the accident. They will document their investigation in a report that, under Texas law, must be sufficiently detailed to determine the cause of the crash. As a result, the crash report will include the following information:
- Names and addresses of the people involved
- Descriptions of the vehicles involved
- Insurers for each of the vehicles
- Names and addresses of any eyewitnesses
- A narrative description of what occurred
- A diagram of the crash scene
The officer who prepares the report must file it electronically with the Texas Department of Transportation (TxDOT) within ten days of the collision. You can purchase a copy of your report using TxDOT’s crash report portal.
Correcting A Police Crash Report
You should carefully review your crash report. Factual errors in the report can muddy your insurance claim or injury lawsuit. For example, the police officer might mistakenly write that you received a speeding citation when, in fact, the other driver’s speeding caused the crash. This mistake can mislead the insurers into believing you were at fault for the crash.
The Texas Statutes do not describe how to request a correction to a police report. However, it does state who can change a report: the officer who prepared it. Another person cannot change the report, but they can file a written supplement to the report that clearly identifies who originated the change.
Thus, you have two options for seeking to change a report. First, you can contact the officer who investigated your crash. You can explain the problems in the report and ask the officer to correct them. The investigating officer does not need to explain that you requested the change when they issue the correction, although some officers may take this route.
Second, if the officer is unavailable or unresponsive, you can contact a supervisor or the department’s records division to explain the mistake and submit supporting evidence, such as your driving record or witness statements. However, only factual errors can typically be corrected—officers are not obligated to change subjective conclusions or opinions about the crash.
Why You Need An Accurate Crash Report
Crash reports are typically inadmissible in court because they constitute hearsay. Moreover, witness testimony often provides more useful information in court than a written report. However, the report is still useful, and obtaining an accurate report is critically important.
First, the other driver’s insurer will use the report to investigate your case. If it contains an error that shifts some or all of the blame to you, the insurer might deny the claim.
Second, the attorneys for both parties use the crash report to identify and interview eyewitnesses. If the report contradicts the eyewitness testimony, the lawyers might not know what the witnesses will say in depositions or at trial.
Finally, attorneys often rely on crash reports to develop their strategy. A report that misdescribes the crash might cause the lawyers to waste time and resources tailoring a strategy for the wrong facts.
Contact Our Houston Car Accident Lawyers For A Free Consultation
Proving the other party’s liability for your injuries may be complicated by a factually incorrect police crash report. Contact Attorney Brian White Personal Injury Lawyers today for a free consultation with our experienced Houston car accident attorneys. We’ll help you understand how to correct your crash report and explain how it can support your claim for compensation.
