The police report is vital evidence after a car accident. It documents key details that help determine what caused your crash and who is liable for your injuries.
At The Stephens Law Firm, we’ve seen the impact that a detailed police report can have on a case’s outcome. Below, we’ll explore the many ways that accident reports can affect car accident claims in Houston.
Determining Fault Through Accident Reports
When a police officer completes an accident report, Texas laws require the officer to provide a statement on “the nature of the collision” and note what they believe caused or contributed to the collision.
Identifying the at-fault party is essential to recover fair compensation after a motor vehicle accident. The officer’s account is often the foundation for deciding who’s at fault. Additional investigation may be necessary to support the officer’s observations, but their statement can provide a solid starting point.
Strengthening Your Claim with Evidence
The report will include basic facts about the accident’s circumstances, such as the date, time, location, and road conditions. It should also include other key details, such as the parties involved and whether there was any property damage or injuries.
These details can paint a picture of the circumstances that contributed to the collision. For example, if the report states that it was raining heavily at the time of the accident, this can support your claim that weather conditions were a contributing factor. Combining the facts listed in the accident report with other evidence, such as witness statements and photos, can significantly strengthen your claim.
Additionally, the report provides evidence that the accident happened. This may seem obvious, but having objective documentation prevents the insurer from questioning the validity of your claim. It also allows more room for negotiations about fault rather than having to prove that the accident even occurred.
Impacting Insurance Settlements
Insurance companies often use the police report to determine how much money to offer in a settlement. An accurate report with favorable facts can lead to higher compensation. On the other hand, if the report contains incorrect information, leaves out key facts, or unfairly blames you, the insurance company might use that as justification to reduce your payout or deny your claim altogether.
Disputing Fault of Liability
The other party may wrongly argue that you were at fault for the accident. A well-documented report can help you counter these false claims.
If the police report suggests or states that you’re at fault, other evidence may prove otherwise. It’s best to contact a skillful Houston car accident attorney even if the initial report doesn’t paint a favorable picture.
Legal Proceedings and Court Cases
In car accident litigation, the accident report often serves as one of the most important documents in the case. If your case goes to trial, we may present the accident report as a key piece of evidence.Â
Legal professionals rely on these reports to build a clear timeline of events and establish who was at fault. A complete and accurate report can significantly strengthen your case in court and help convince the jury to award you the compensation you deserve.
Errors in Accident Reports
Car accident reports aren’t always accurate. Even slight errors can complicate your case if you don’t address them quickly enough.
Misreported/missing details are a common error in accident reports. The report might fail to list passengers, for example. If you were injured as a passenger and your name isn’t listed in the report, the insurer might dispute whether you were involved in the accident at all.
The officer’s narrative of the accident may also be incorrect. Accident reports typically name drivers as “driver one” and “driver two.” If the officer mistakenly identifies you as driver one instead of driver two, you might wrongfully appear to be at fault.
If you notice errors in your accident report, request a correction right away. Texas has no standard procedure for correcting police reports, so you’ll want to contact the police department that issued it.Â
Describe the errors you identified in detail and provide any evidence you have to support your facts. Our diligent car accident attorneys can help you dispute the report further if you run into trouble.
Consequences of Not Filing an Accident Report
Failing to report an accident in Texas could result in criminal charges. Texas law requires a police report for any motor vehicle crash resulting in one or more of the following:
- A person’s injury or death
- At least $1,000 in property damage
Not filing a report could also make it more difficult to get fair compensation. Your case will miss critical evidence that could help prove the other party’s liability. It can be significantly harder to show that the other party was at fault without an official report, and you may need to spend more time gathering evidence to support your claim.
In some cases, you may be unable to recover any compensation without an accident report. The insurance company may deny that the accident even happened without documentation from a neutral third-party like the police.
When someone else’s mistake puts you in harm’s way, you deserve more than just a quick insurance payout. We help everyday Texans get the support and compensation they need to move forward after a car accident.
Get Expert Legal Help for Your Houston Car Accident Claim
While an accident report is crucial for establishing liability and recovering compensation, the right legal representation is often necessary to use the report effectively. At The Stephens Law Firm, we know how to incorporate the information from an accident report into a strong car accident claim. We will ensure your claim stays on track and challenge any inaccuracies that might work against you.
In addition to making sure every legal requirement—from filing deadlines to documentation—is met, we will also work to strengthen your claim by:
- Gathering and presenting evidence that supports, disputes, or adds to the accident report’s findings
- Negotiating with insurance companies on your behalf
- Representing you in court if your case goes to trial
- Maximizing compensation for both immediate and long-term damages, such as medical expenses, lost wages, and pain and suffering
We’re ready to advocate for you if you or a loved one was injured in a car accident in Houston.
Call The Stephens Law firm today at (281) 623-1701 or fill out our online form for a free consultation where we’ll discuss your case and start seeking the compensation you deserve.Â
