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(281) 587-1111
(281) 587-1111
August 9, 2014 by Greg Baumgartner
The official Texas Crash Report has a section titled “Factors & Conditions.” Officers must fill out three sections: a) contributing factors, b) vehicle defects, and c) environmental and roadway conditions. Here is how to get and read a crash report.
The first two sections are the police officer’s opinions regarding what caused the accident.
The environmental and roadway conditions are viewed as factual observations from a legal perspective.
The police officer’s opinions in the crash report can be accepted based on his skills. It also depends on how the crash was investigated.
Many people are unaware that a police officer’s opinion may or may not be admissible as evidence in a personal injury trial. Nevertheless, we recommend that people injured in an accident who believe another party is at fault always call the police and obtain a crash report.
Whether the officer’s opinion on the cause of the accident can be used in a personal injury lawsuit depends on the officer’s qualifications and whether the investigating officer did the necessary work to convince the court that the opinions are trustworthy.
In serious accidents, the investigation team may be qualified. They will undertake the necessary work to make the opinions acceptable in court. If not, an accident reconstruction expert may be needed to explain the crash at trial.
Nevertheless, if the at-fault party pled guilty to a traffic ticket and paid the fine, the admission might be useful and impact a personal injury case.
The chance of formal accident reconstruction is good in serious cases, including wrongful death or severe injuries. Generally, if a formal accident reconstruction is conducted, the reconstruction officer is likely qualified to perform that work.
Many insurance companies base their initial acceptance or denial of a claim on the crash report. The contributing factors and who the officer identifies as being at fault for causing the accident control many insurance claims.
Other things can affect an insurance claim. These include witness statements, comments from the insured, and other evidence not in the crash report.
Call Baumgartner Law Firm to review your Houston crash report if you were injured in a car or trucking accident and are not at fault.
If you were in an accident, check the factors and conditions section. It will reveal the investigating officer’s assessment of the accident’s cause. If you have questions about who was at fault, speak with the best car accident attorney you can find.
Following the “factors and conditions” section, there is a narrative and diagram section. This section provides additional details on the factors and conditions and explains the officer’s opinion on the cause of the wreck under Texas law.
The crash report can show other basic information, such as:
* Disregarded stop-and-go signal
* Disregard the sign or light – usually leading to a t-bone accident
* Driver inattention or Distracted Driving
* Distraction in the vehicle
* Failed to drive in a single lane
* Failed to yield right-of-way (multiple variables)
* Fatigued or asleep
* Faulty evasive action
* Following too close- usually a rear-end collision
* Speeding
* Under the influence- alcohol (drunk driver)
Vehicle defects can include conditions such as missing headlights, taillights, or trailer brakes.
Also, not allowing a safe distance between cars can lead to crashes.
Finally, weather conditions can also affect road conditions, such as rain making the roads slick, sleet, or fog.
If you or a loved one has been seriously injured in a car wreck or a truck crash. What is recorded under the “Factors and conditions” section of the crash report can be very important to an insurance claim, as well as a personal injury or wrongful death lawsuit.
It is also important to understand that Texas maintains a comparative fault scheme, which apportions fault among various parties to the litigation.
Generally, someone can be partially at fault and recover damages if they are not over 50% responsible for causing an accident. If you are hurt in a car accident, not your fault, you should contact an experienced injury attorney in Houston, TX.
If you have been injured in an accident in Houston, TX, and need help, contact our Houston auto accident lawyers at Baumgartner Law Firm by calling (281) 587-1111.
6711 Cypress Creek Pkwy, Houston, TX 77069
Since establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.
Greg holds two law degrees, a distinction earned by less than 1% of all attorneys, demonstrating his exceptional legal expertise. He is also a prestigious Trial Lawyers College graduate, further enhancing his skills in trial advocacy and litigation.
His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.
With decades of experience, Greg has consistently received top peer reviews. He holds a preeminent rating, a testament to his unwavering dedication to securing justice and maximum compensation for his clients.
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