Do I Need a Police Report to File a Car Accident Lawsuit in Texas?

If you or someone you love recently got hurt in a motor vehicle crash in Texas, it is important to begin gathering as much documentation as possible to support your claim for compensation — whether you are beginning with an auto insurance claim or you are filing a civil lawsuit against the at-fault driver. When you are gathering evidence, you may be wondering about a police report and whether you need one to submit with your claim, or to use to support your position in your civil lawsuit. While your car accident attorney will help you to gather the evidence you need, it is also important for you to have an understanding of what is involved in your case.

Do you need a police report? You should certainly be able to obtain a police report, and it can be an essential component in your case. While there is no law that requires a police report as evidence in a civil claim, a police report should exist after a car accident injury since Texas law requires that a police report be filed. Our Texas car accident lawyer can explain in more detail below.

Texas Law Requires Drivers Take Certain Steps After a Crash Involving Injury or Death

Under Sections 550.021, 550.023, and 550.026 of the Texas Transportation Code, any driver that is involved in a collision that results in a physical injury or death, or that “is reasonably likely to result in injury to or death of a person,” must take certain steps that include the filing of a police report. Under this law, if you were the driver in an accident involving a physical injury, you must:

• Stop your vehicle immediately at or as close to the accident scene as possible (or immediately return if you did not stop);
• Determine whether any person needs aid;
• Remain at the scene under sufficient identifying information has been given and reasonable assistance or aid has been rendered; and
• Immediately, by the quickest means possible, give notice of the collision to the local law enforcement agency (which may be a local police department or sheriff’s office, depending on the specific location where the accident occurred).

In short, a driver who is involved in a car accident in which anyone is injured, or may even reasonably be injured, is required by law to file a police report. Accordingly, whether you were the driver, a passenger, or a pedestrian or cyclist involved in an accident in which you sustained injuries, a police report should exist for you to access (and if you were a driver involved in the crash, you should have filed a police report yourself).

How a Police Report Can Be Used as Evidence in Your Car Accident Claim

Police reports can be extremely helpful when you are filing a car accident claim for financial compensation. A police report can clarify causation issues, can provide detailed information about parties involved in the collision, and more.

In some cases, a law enforcement official who arrived at the scene of the crash and completed the report in the aftermath of the accident may also be able to provide valuable evidence to support your case.

Contact a Texas Car Accident Lawyer for Assistance

Were you injured in a car crash? One of the experienced Texas car accident and injury lawyers at John Reed, Attorney at Law can help you to obtain a police report and other relevant evidence that can allow you to seek compensation for your losses. Contact us today for help with your case.

Source:

statutes.capitol.texas.gov/?tab=1&code=TN&chapter=TN.550&artSec=