The events immediately after a car accident can be chaotic. One of the reasons police officers come to accident scenes is to help restore order to that chaos. To do so, they typically must create a police report and file it with the state.
Just how important is this police report? If you hope to receive fair compensation after an accident, it could prove vital.
Why a Police Report Is a Valuable Piece of Evidence in a Car Accident Claim
If your car accident occurred in a location that has surveillance cameras or lots of witnesses, you can consider it a stroke of luck. Unfortunately, that isn’t always the case.
More often, the only meaningful documentation of what happened at the accident scene can be found in the official police report filed afterward. This means that the police report can be the most important piece of evidence for establishing the value of a car accident claim.
What Information Is Found in a Police Report in Texas?
A police report records as much information about the accident in question as possible. The responding officer will compile the contact information of all parties involved, including onlookers and any passengers who were injured.
Using the information gleaned from interviews and observations, the police will attempt to determine whether any traffic laws were violated and identify the driver who was most likely responsible for the accident. The police report also typically includes a detailed diagram of the accident, which can help point to liability.
How Insurance Companies Use Police Reports to Evaluate Accidents
The insurance companies often perform their own investigations of the events that led up to a car accident. That investigation will be much easier if they can get a copy of the official police report. The report sets the scene and indicates which party the responding officer initially believed to be at fault.
If the account in the police report favors the policyholder, the insurance company will likely use it as evidence to deny or undermine the other driver’s claim. Conversely, if it suggests that the policyholder was at fault, the insurer may attempt to negotiate a settlement to avoid potentially costly litigation.
The Role of Police Reports in Proving Liability
When little other evidence exists, the police report may be the only thing indicating which party was at fault for the accident. As one of the first people on the scene, the officer can collect evidence while it’s still fresh. Similarly, they can interview witnesses before they forget information about the crash.
These interviews offer additional benefits when trying to prove liability. The names and contact information of any witnesses will be included in the report. An experienced lawyer can follow up on those statements, asking questions that may help prove liability.
Obtaining a Copy of a Texas Accident Report
After a police officer creates an accident report for a car, truck, or motorcycle accident, they’ll submit it to the Texas Department of Transportation (TxDOT).
If you were involved in a collision, you can purchase a copy of the accident report from TxDOT. You’ll have to pay a processing fee of up to $8, depending on whether you want a regular copy or a certified copy.
How a Texas Car Accident Lawyer Can Help if a Police Report Contains Errors
It’s possible that you’ll get a copy of a police report and discover that it contains one or more errors. Some mistakes won’t affect a prospective insurance claim or lawsuit. However, others could significantly limit the compensation you stand to receive.
For example, if the accident report inaccurately claims that a passenger was driving your vehicle, it could affect your insurance claim. An error like this would need to be corrected as promptly as possible.
While there are certain legal methods for correcting errors found in accident reports, they tend to be complicated. An experienced Texas car accident attorney will be familiar with these procedures and can move quickly to initiate them after you inform them of a mistake.
FAQ
When Should I Get a Copy of a Police Report After an Accident?
Try to acquire a copy as soon as possible. There are many strict deadlines when filing insurance claims and working within the civil justice system. For example, you only have two years after an auto accident to file a lawsuit. The sooner you act, the better your chances of recovering necessary compensation.
Can I Get a Copy of the Police Report if I Was a Passenger in an Accident?
Yes. Anyone directly involved in an accident can obtain a copy of the police report, which means that all drivers and passengers are eligible to make a request. These individuals’ lawyers and insurers can ask for a copy, as well, as can anyone whose property was damaged in the mishap.
How Long Does TxDOT Maintain Copies of Accident Reports?
According to the TxDOT website, the agency keeps crash reports for 10 years plus the current year. If you think you may need an accident report and that timeframe is running out, you should request a copy right away to ensure that it doesn’t disappear.
Contact Ramsey Law Group to Get Help With Your Car Accident Lawsuit
Were you or a loved one seriously injured in a car accident in Texas? The official accident report could hold the key to your recovery, both physically and financially. Contact Ramsey Law Group today to schedule a free consultation and learn more about how we can help you get the evidence you need.