Understanding Houston Police Department Crash Reports
If you are injured in a car accident in Houston and it is more than a minor fender bender, the Houston Police Department or other local authority will complete a Houston crash report covering the factual observations of the investigating officer.
A crash report is an official record of the officer’s perspective on how the collision occurred, the parties involved, the conditions at the scene, and whether traffic laws were violated. Here is how to get a Houston accident report.
Insurance companies will use the information in a crash report to evaluate liability and respond to a claim.
The role of these reports is significant in understanding how Houston Police Department Crash Reports Impact Personal Injury Claims.
What Information HPD Collects at the Scene
Houston Police Department officers responding to a collision will gather information, including such things as:
- the direction of travel of the vehicles,
- the layout of the roadway,
- traffic controls,
- weather conditions,
- parties to the accident, including passengers, eyewitnesses,
- injuries and possible injuries by the participants,
- Seatbelt use and more.
Sometimes, a more extensive investigation is required when the accident is fatal or may be fatal.
The Texas Peace Officer’s Crash Report and Its Structure
HPD uses the Texas Peace Officer’s Crash Report system, commonly known as the CR-3. This report is divided into multiple sections. These sections include:
- driver and vehicle information,
- crash location and time, contributing
- factors, narrative descriptions, and
- diagram of the crash.
- Citations or tickets issued
While the officer’s opinion of the cause of the accident or who is at fault may or may not be admissible in court, that or those opinions certainly will impact settlement negotiations with an insurance company. Probably under the assumption that if a disinterested person, being the investigating officer, feels this person was at fault, a jury probably will as well.
The time required for a Houston accident report to be ready can range from 5 to 10 days.
Officer Opinions Versus Factual Observations
There is a difference between an officer’s factual observations at the scene and the officer’s opinions. The facts can include measurements, weather conditions, damage to the vehicles, traffic controls at the intersection, speed limits on the highway, and similar matters.
The officer’s opinions frequently address fault evaluation, contributing factors, and whether a citation was issued. It is important to note that in most cases, the officer’s opinions about fault or contributing factors are not legally admissible in court in Harris County, unless the officer conducted an extensive investigation of the crash and was qualified to do so. Nevertheless, insurance companies rely on opinions in part because they are objective third-party evaluations of the cause.
Why Contributing Factors Are Important
HPD officers select contributing factors from predefined categories, such as:
- failure to control speed,
- distracted driving,
- unsafe lane change, or
- failure to yield.
- Disregard a Stop sign.
- Faulty evasive action.
- Driving under the influence and more.
Diagrams and Narratives and Liability
The diagram is a key component of a crash report because it illustrates the officer’s account of what happened. It is useful to insurance companies and attorneys in evaluating the case.
Injury Documentation and Its Limitations
Houston police officers will also document the severity. The categories are as follows:
- Incapacitating injury.
- non-incapacitating injury.
- Possible injury.
- Killed.
- Not injured. and
99 Unknown.
While officers will document injuries when they are visible or when their observations suggest injury, a person can still be seriously injured and be listed as code in or not injured. Often, the adrenaline rush from an accident masks the injury, which may not present for hours or even days.
As you might expect, insurance companies will jump on the officer’s on-scene assessment of injury if it helps their case. Suggesting that if the officer didn’t think you were hurt at the scene, why should we think you were hurt later?
Medical records, test results, and expert opinions are often required to substantiate this early observation.
Crash Reports and Comparative Responsibility in Texas
Texas follows the 51% comparative negligence rule, meaning anyone found more than 50% at fault is barred from receiving compensation for the accident. If an injury victim is found to be partially at fault but less than 51%, their compensation is reduced by the percentage of fault attributed to them by a court or jury.
If an investigating officer notes possible factors on both drivers, you can expect insurance companies to claim contributory negligence when it furthers their interests. Again, the officers’ opinions in the crash report are usually not admissible in court.
How Insurers Use HPD Crash Reports
Insurance adjusters use crash reports strategically to deal with injury claims and property damage. Just because the officer believed that one party is at fault does not mean the insurance company will accept that position.
When the officer’s opinions benefit the insurance company, the company will use that information in settlement negotiations or deny the claim outright.
The Role of Crash Reports in Litigation
After a lawsuit is filed, the crash report is often used as an exhibit in litigation, but it is redacted to the extent required by the court. Factual observations will come into evidence, and opinions will most likely not.
If the Crash Report Is Incorrect, Can I Get the Officer to Change It?
As Houston injury lawyers, we are often asked, “Can I get the officer to change the report?” It’s not right!
Generally, officers are neutral parties and do not accept one person’s account of the crash over another’s unless there is other solid proof to the contrary. The officer’s job is not to take sides but to, to the best of their ability, create a document that shows what they believe happened.
In some cases, with additional evidence, an officer may revise the crash report; most of the time, they will not.
Contact the Car Accident Attorney in Houston at Baumgartner Law Firm for Help!
Baumgartner Law Firm
6711 Cypress Creek Pkwy, Houston, TX, 77069
