After a crash in Dallas, the officer’s crash report is usually the first document an insurer reads. It records who was involved, the vehicles, the insurers, the conditions and the officer’s notes on how the crash happened. This article from LAWBOSS – Harris, Nelsen & Uvalle, PLLC explains how the report is made, how to get it and what to look for.
Who files the report and when
When a crash causes an injury or a death, the driver must report it at once to the police in a city, or to the sheriff outside one (Transportation Code section 550.026). An officer who investigates a crash that caused an injury, a death or apparent property damage of 1,000 dollars or more must file a written report, the Texas Peace Officer’s Crash Report, with TxDOT electronically within ten days (section 550.062).
Inside the city of Dallas the report is usually made by the Dallas Police Department; on a tollway or a highway outside the city it may be another agency. Write down the officer’s name, the agency and any case or report number the officer gives you at the scene.
Who can get a copy
The full report is available to the people involved in the crash, their authorized representatives, the owners of the vehicles, the insurers involved and others directly concerned (section 550.065). That includes your attorney once you hire one.
How to buy it
- Wait until the report has been filed; the officer has up to ten days.
- Go to TxDOT’s Crash Report Online Purchase System (CRIS), linked from TxDOT’s crash reports page.
- Search by the date, the county and a name, a vehicle number or the report number.
- Pay the small fee and download the report.
If you hire LAWBOSS, we request the report for you as part of building the file.
What to check when it arrives
- Names, addresses and insurers of every driver. Wrong insurer information slows a claim.
- The vehicles and their owners. An owner who is not the driver may have separate coverage.
- Witnesses. Their names may appear only here.
- The diagram and the narrative. Do they match what happened?
- Contributing factors the officer listed, such as speed, distraction or failure to yield.
- Whether injuries were recorded, and who was taken to a hospital.
If something is wrong, do not argue with the insurer about it. Tell us; there are ways to show what really happened, and the report is only one piece of evidence.
Why the report matters, and why it is not the last word
Texas reduces a recovery by your share of responsibility and bars it above 50 percent (Civil Practice and Remedies Code sections 33.001 and 33.012). The officer’s notes on contributing factors are often the first thing an insurer uses to argue about fault. But an officer usually arrives after the crash and works from what drivers and witnesses say. Photos, video, vehicle data and witness accounts can confirm or correct the report.
Other records to ask for
The crash report is the start. Depending on the crash, we may also ask for 911 records, video from nearby businesses or traffic cameras, data from the vehicles and, in truck crashes, the carrier’s driving logs, which federal rules require carriers to keep for at least six months (49 CFR 395.8). Those requests are time-sensitive, which is one reason to talk with a lawyer early.
No Fees or Costs Unless We Win: the firm advances case costs, and you owe no attorney’s fee and no case costs unless money is recovered for you. Read more about crashes on Dallas roads on our accident lawyer in Dallas page.
Questions people ask
What if no officer came to the scene?
Then there may be no officer’s crash report. Report the crash as the law requires when there is an injury, death or a vehicle that cannot be driven (Transportation Code section 550.026), keep your own photos and witness names, and tell us; other evidence can carry the claim.
How long does it take for the report to be available?
The investigating officer has up to ten days to file it with TxDOT (section 550.062). Check the CRIS system after that, or let us request it for you.
Can the other driver’s insurer get my crash report?
Yes. The insurers involved are among the people who can get the full report (section 550.065), which is one more reason to check it for errors early.
Does the report say who pays?
No. It records facts and the officer’s observations. Who pays depends on fault under Texas law and on the insurance policies involved.