By Greg Baumgartner | Baumgartner Law Firm
Are Police Reports Admissible in Texas Car Accident Cases
Yes, a Texas police crash report may be admitted in a civil injury case. That does not mean every statement or opinion in it will reach the jury. The report does not decide who wins, and you can challenge an officer’s finding of fault.
If you were hurt in a crash and the report blames you, it is easy to feel that your case is over. A report is important evidence, but it is only one part of the investigation.
When I review a disputed report, I want to know how the officer reached the conclusion. Did the officer see the crash? Was a witness missed? Do the damage and photos fit the account in the report? Those questions matter because they determine whether the report helps or hurts your claim.
Does a police report blaming me mean I lose
No. A crash report is not a court ruling. You can present evidence that supports a different account of the wreck, even if the officer listed you as a contributing driver.
For example, an officer may speak with one driver while the other is being taken to the hospital. A nearby camera might later show a lane change that the officer could not see. That is a reason to investigate the report, not a reason to assume either driver is right.
I also want to see the whole report, including supplements. A checked box may raise a concern that the narrative explains differently. Read our guide to factors and conditions on a Texas crash report for help understanding those entries.
How insurers use crash reports before a lawsuit
An insurance adjuster may use the report to assess fault and decide whether to offer payment. That can happen before a judge has ruled on what evidence a jury may hear.
If an adjuster says the report settles the issue, ask which facts support that position. A denial based on the report can still be challenged with photographs, video, witness accounts, and other proof.
At Baumgartner Law Firm, we look beyond the report when evaluating a serious injury claim. Our Houston car accident injury practice explains how we investigate fault and document the losses a crash has caused.
Which parts of a Texas crash report may reach the jury
The official form is the Texas Peace Officer’s Crash Report, often called the CR-3. It combines basic facts, statements, a diagram, and the officer’s findings. Those parts can raise different evidence issues.
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Report entry |
What may need closer review |
|
Facts the officer observed |
Vehicle damage, debris, and road conditions may be admitted with a proper legal basis. |
|
Statements from drivers or witnesses |
A statement offered to prove what happened may need its own basis for admission. |
|
Contributing factors or a cause opinion |
Review the investigation, the basis for the opinion, and any needed expertise. |
|
The crash diagram |
Check whether it shows measured facts or a disputed account of vehicle movement. |
The label on a section does not settle whether it is admissible. The judge must consider the actual content and the objections raised.
Rule 803(8) provides the public-records exception to hearsay. Qualifying investigative findings may be admitted unless the opponent shows that the source or circumstances lack trustworthiness. Rule 702 is the expert-testimony rule; it is not the public-records exception.
A certified copy can help show that the report is a true official record. That does not make every entry admissible. You can read the rules in the current Texas Rules of Evidence.
Can an officer give an opinion about the cause of a crash
Sometimes. Being a police officer does not qualify someone to give every type of crash opinion.
Rule 701 governs lay opinions based on what a witness perceived. Rule 702 addresses opinions that require specialized knowledge. For a technical reconstruction opinion, the officer’s training and the supporting facts matter. The officer does not have to physically reenact the wreck.
The law also allows some opinions within trustworthy investigative reports. In Beech Aircraft Corp. v. Rainey, the U.S. Supreme Court explained that an investigative conclusion is not excluded merely because it is an opinion. That decision interpreted the federal evidence rule. Texas courts have considered its reasoning.
Beech Aircraft Corp. v. Rainey, 488 U.S. 153, 170 (1988).
Why courts admit some report opinions and exclude others
In McRae v. Echols, the court upheld admission of a crash report that included the officer’s conclusions. The officer did not testify, and the report’s trustworthiness had not been challenged. That case shows why there is no blanket rule excluding officer opinions.
McRae v. Echols, 8 S.W.3d 797, 799-800 (Tex. App.-Waco 2000, pet. denied).
In First Transit, Inc. v. Alfaro, the officer’s narrative cause opinion was removed from the report shown to the jury. The appellate court upheld admission of the remaining report. It rejected the argument that the officer’s sources were untrustworthy.
First Transit, Inc. v. Alfaro, No. 14-14-00063-CV (Tex. App.-Houston [14th Dist.] Apr. 7, 2015) (mem. op.).
In Sciarrilla v. Osborne, the court discussed both the public-records and business-records exceptions. It also explained why objections must identify the particular problem with the evidence. A general objection to the entire report may not preserve a complaint about a specific entry.
Sciarrilla v. Osborne, 946 S.W.2d 919, 923-24 (Tex. App.-Beaumont 1997, pet. denied).
For an injured reader, the practical point is straightforward: a lawyer should review the particular report and the evidence behind it. A favorable report deserves that review just as much as an unfavorable one.
Why witness statements inside a report need separate review
A report may repeat a witness’s statement that one driver ran a red light. If offered to prove that fact, the statement can create hearsay within hearsay. Rule 805 requires a basis for admitting each hearsay layer. Some statements fall within an exception or are not hearsay under the rules.
Including a statement in a police report does not automatically make it usable at trial. That is one reason a judge may remove a passage while allowing the rest of the report.
What to do if your Texas crash report is wrong
Start by identifying the specific error. A wrong street name or vehicle number is different from a disputed opinion about who caused the crash.
- Obtain the complete report and any supplements. Our guide explains how to get your Houston crash report.
- Save photos, video, witness contact details, and records that support your account.
- Contact the investigating agency. Ask how to request review of the error and whether a correction or supplement is appropriate.
- Keep the original report, later versions, and your written correspondence.
TxDOT’s instructions for supplemental crash reports describe how investigators submit amendments or added information. Disagreeing with a finding does not guarantee that the agency will change it.
If fault is disputed and you suffered a serious injury, speak with a lawyer before giving a lengthy new account. Be truthful and precise. A new statement can become evidence even if the report stays the same.
You can also find official purchase information on TxDOT’s crash reports and records page. Video, field notes, and scene photographs may require a separate request to the investigating agency.
Questions about police reports and Texas injury claims
Does the officer have to testify for the report to be admitted
Not always. McRae upheld admission without the officer’s testimony. The report still needs a proper basis for admission, and particular entries may face separate objections.
Does a favorable police report guarantee payment
No. An insurer may dispute fault, coverage, the injuries, or the amount of the losses. A helpful report supports the investigation, but it cannot prove every part of an injury claim.
Can I pursue an injury claim without a police report
Yes, the absence of a report does not by itself prevent a claim. Other evidence may establish what happened. The available proof and the facts of the crash still matter.
Talk with Greg Baumgartner about a disputed crash report
I founded Baumgartner Law Firm in 1985. When a serious injury case involves a disputed report, I want to understand the evidence behind the finding and what it means for the injured person.
If you have questions about a Houston car accident injury claim, call (281) 587-1111 or request a free consultation with Baumgartner Law Firm. Have the report and any photographs available if you can. We can discuss the facts and whether our firm can help.
