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August 9, 2014 by Greg Baumgartner
In the official Texas Crash Report, there is a section called Factors & Conditions. There are three subsections for officers to fill out, 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 admissibility of the police officer’s opinions in the crash report depends on his qualifications and how the crash was investigated.
Many people are unaware that the police officer’s opinion may or may not come into evidence in a personal injury trial. Nevertheless, we recommend people injured in an accident who think another is at fault always call the police and get a crash report.
Whether the officer’s opinion on the cause of the accident can be used in a personal injury lawsuit depends upon the officer’s qualifications and whether the investigating officer did the necessary work to convince the court that the opinions are trustworthy.
In more serious accidents, the investigation team may be qualified and do the necessary work to make the opinions admissible in court.
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 likelihood of formal accident reconstruction is fairly decent in the more serious cases involving wrongful death or horrible injuries. Generally, if a formal accident reconstruction occurs, the reconstruction officer is probably qualified to do 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 says is at fault for causing the accident control many insurance claims.
Of course, other matters can influence an insurance claim, such as witness statements, statements from the actual insured, and other evidence that may not appear 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 not at fault.
If you have been involved in an accident, a review of the factors and conditions section will quickly tell you the investigating officer’s conclusions regarding the causation of the accident. If you have questions about who was at fault, speak with the best car accident attorney you can find.
Following the section on “factors and conditions” comes the narrative and diagram section, which supplements the factors and conditions and gives more detail into the officer’s opinion regarding the cause of the wreck under the laws of Texas.
The crash report can show other basic information, such as:
* Disregarded stop-and-go signal
* Disregard sign or light – usually leading to a t-bone accident
* Driver inattention or Distracted Driving
* Distraction in 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 in the vehicles, such as no headlights, tail lights, trailer brakes, and other conditions.
Also, not allowing a safe distance between cars can lead to crashes.
Finally, weather conditions can also play a part, such as rain making the roads slick, sleet, or fog.
If you or a loved one have 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 or even a personal injury or wrongful death lawsuit.
It is also important to understand that Texas maintains a comparative responsibility scheme that apportions fault between 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
If you liked this article, you might like these:
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How a Traffic Ticket Affects a Personal Injury Case
Determining Fault in Texas Car Accidents
How Long Do I Have to File a Car Accident Claim in Houston, TX?
Is Texas a “No-Fault State for Car Wrecks?
What Does a Car Accident Attorney Do?
How Much Do Car Accident Lawyers Make?
Can You Make a Car Accident Claim Without a Houston Crash Report?
How do Pre-Existing Injuries Affect a Texas Personal Injury Claim?
Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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