Do Texas Police Have to Make An Accident Report?

Question:  I was hurt in a car wreck, but I never got a police report.  Does a police officer have to write a police report after a car accident?

I am sorry to hear about your car accident and resulting injuries.  I am also sorry to hear that you are having problems with the at-fault driver’s insurance company.  To specifically answer your question, whether a police officer has to make an accident report will vary depending on the laws of the state and the regulations of the particular police department in question.  In Texas, the Transportation Code states that an investigating police officer has the option of making a report if one or more of criteria are met. 

The first criterion is that the accident results in the injury of a person.  The second criterion is that the accident resulted in the death of a person.  The last criterion is that the accident resulted in property damage of $1,000.00 or more.  Because the law in Texas offers much discretion to the police officer, police officers often do not create a police report.  Instead, the police officer may had you the other driver’s insurance information, and ask that you submit a Driver’s Crash Report.  You must submit the report not later than 10 days after the accident.

The existence of a police report can go a long way to proving a successful plaintiff’s case.  For example, the police report may help a case of auto accident negligence.  If you’re not certain whether a police report was made, contact your local police department.  Whether the injured party prevails or not is often a matter of what can be proven.  Whether you have a police report or not, if you’ve been injured in an auto accident, contact a skilled personal injury trial lawyer today.