Can a Police Report Be Wrong in a Texas Car Crash?

Can a Police Report Be Wrong in a Texas Car Crash?

Police Report vs. Insurance Adjuster. Who’s Right?

The short answer: A police report can absolutely be wrong. If you were injured in a Texas car wreck and the responding officer’s report unfairly places the blame on you, it is not the final word on fault.

Police officers make mistakes, and they rarely witness the actual collision. While insurance adjusters will use an unfavorable police report as an excuse to deny your claim, a seasoned Texas personal injury law firm, like Jim Adler & Associates, can conduct an independent investigation to uncover the truth. You can still fight for the compensation you deserve even if the initial crash report contains errors.

At Jim Adler & Associates, we’ve spent more than 50 years battling greedy insurance companies and fighting for the little guy. If an inaccurate police report is standing between you and your rightful compensation, we know how to tear down their arguments and build a case on hard facts. Here is exactly what happens when the police report is wrong and how we fight back.

Call us now for a free consultation at 1-800-505-1414.

The Difference Between a Police Report and Insurance Adjuster Fault

When a crash happens in Texas resulting in injury, death, or property damage over $1,000, law enforcement officials are required by the Texas Transportation Code to file a Texas Peace Officer’s Crash Report (CR-3).

What is the CR-3 Crash Report?

The CR-3 is the official document filed with the Texas Department of Transportation (TxDOT). It contains vital information:

  • Date, time, and location of the wreck.
  • Driver, vehicle, and insurance information.
  • Weather and road conditions.
  • A diagram of the crash scene.
  • The officer’s narrative and opinion on contributing factors.

 

It is crucial to understand that the officer’s narrative is just that, an opinion formed after the fact. Unless the officer was sitting at the intersection watching the crash happen, their conclusion is based on witness statements, skid marks, and vehicle damage. Under pressure to clear the scene, officers can miss critical details, misinterpret physical evidence, or rely on a false statement given by the at-fault driver.

How Insurance Adjusters Determine Fault

Insurance adjusters are not neutral fact-finders; they are corporate employees tasked with protecting their company’s bottom line. When a claim is filed, the adjuster conducts their own investigation.

If the police report blames you, the adjuster will treat the CR-3 as absolute truth to quickly deny your claim. However, if the police report blames their driver, the adjuster will suddenly argue that the officer’s report is flawed, inadmissible, or incomplete.

Before speaking to a corporate insurance adjuster, let our team review your case. Adjusters will use recorded statements to twist your words and validate a flawed police report. Don’t give them the ammunition.

Is the Police Report the Final Word on Fault in Texas?

No. In the state of Texas, a police report is heavily scrutinized in civil court, and the officer’s opinion on fault is often inadmissible as definitive proof of negligence.

Texas operates under a modified comparative negligence rule, legally known as Proportionate Responsibility (Texas Civil Practice and Remedies Code Chapter 33). This means that a judge or jury, not a police officer, ultimately decides the percentage of fault for each driver.

Under Texas law:

  • You can still recover damages as long as you are not more than 50% at fault for the accident.
  • If you are found 51% or more responsible, you are barred from recovering any compensation.

 

Because millions of dollars can be on the line, especially in catastrophic 18-wheeler accidents or company vehicle crashes, determining fault is a high-stakes battle. A simple checkmark on a CR-3 form by a rushed officer does not overwrite your right to a fair investigation.

What Happens When the Police Report Is Wrong?

If you pull your TxDOT crash report and realize the officer made a mistake, the steps you take next can make or break your claim. Errors generally fall into two categories:

  1. Factual Errors

These are objective mistakes, such as the wrong date, an incorrect vehicle identification number (VIN), spelling errors, or listing the wrong insurance provider.

  • How to fix it: You or your attorney can contact the law enforcement agency (e.g., Houston Police Department, Dallas Police Department, State Troopers) and provide objective proof of the error. Officers are usually willing to submit a supplemental report to correct basic facts.

  1. Subjective Errors (Disputed Fault)


These are errors regarding how the crash happened. For example, the officer states you ran a red light when you actually had a green arrow, or the report claims you were speeding without any proof.

  • How to fix it: Police officers will almost never change their subjective narrative just because you disagree with it. To overcome a subjective error, you must overwhelm the report with hard evidence.

How to Overcome a Wrong Police Report

If the report unfairly blames you, you must build a mountain of evidence that tells the true story. This includes:

  1. Securing Surveillance and Dashcam Footage: Video evidence is the ultimate truth-teller. It overrides any officer’s post-crash assumptions.
  2. Tracking Down Eyewitnesses: Independent witness testimony carries massive weight, especially if they weren’t interviewed at the scene.
  3. Extracting Black Box Data: In modern cars and massive 18-wheelers, the Event Data Recorder (EDR) tracks speed, braking, and steering in the seconds before impact.
  4. Hiring Accident Reconstructionists: For severe crashes, experts can use physics, gouge marks in the pavement, and vehicle crush damage to prove exactly how the collision occurred, disproving the officer’s initial theory.

How Jim Adler & Associates Fights Inaccurate Police Reports

Taking on a corporate insurance giant when the police report is already against you is not a DIY project. You need a law firm with the resources, grit, and legal firepower to tear down a flawed investigation.

At Jim Adler & Associates, we don’t back down just because an initial report looks bad. For over 50 years, The Texas hammer has been recovering billions of dollars for hard-working Texas families. When we take your case, we deploy our own team of investigators to the scene. We can pull the 911 audio, subpoena cell phone records to prove the other driver was texting, and demand the trucking company’s maintenance logs.

Whether you were hit in Houston, rear-ended in Dallas, struck by a commercial truck in San Antonio, or injured near our Channelview office, we know the local courts and we know how to expose the truth.

Don’t let a sloppy police report ruin your life and drain your savings. We fight for the maximum compensation you deserve for your medical bills, lost wages, and pain and suffering.

Get The Texas Hammer® on Your Side Today

The insurance company already has a team of lawyers looking for ways to blame you. It is time to level the playing field.

Call Jim Adler & Associates right now at 1-800-505-1414 or contact us online to claim your FREE case review. We will look at the police report, listen to your side of the story, and tell you exactly how we can help.

There are zero upfront costs to hire us, and we only get paid if you win. Don’t wait until the evidence disappears, let The Texas Hammer go to work for you today!

Risk Free Guarantee: No Fee Unless You Win

At Jim Adler & Associates, we believe that everyone deserves access to quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis for our car accident cases.

  • No Upfront Costs: You don’t pay any attorney fees to start your case. We cover all the costs of investigation, litigation, and expert witness fees.
  • Payment Only If You Win: We only get paid if we successfully recover compensation for you, either through a settlement or a court judgment.
  • Percentage-Based Fee: Our fee is a percentage of the total amount of compensation we recover for you. This percentage is agreed upon upfront and outlined in a clear written agreement.
  • Transparency: We are completely transparent about our fees and how they are calculated. You’ll always

 

Contact us online or call us at 1-800-505-1414 for your FREE consultation!

Still have questions?

Jim Adler

Founder, Attorney

Jim Adler, also known as The Texas Hammer®, is an American trial attorney and owner of Jim Adler & Associates. He has been practicing law in Texas in the area of personal injury for 54 years. Jim Adler graduated from the University of Texas School of Law where he received his Juris Doctor degree (J.D.) in 1967. Jim Adler is a member of the State Bar of Texas, American Bar Association (ABA) and American Trial Lawyers Association. He is licensed to practice in the United States Court of Appeals for the Fifth Circuit and U.S. District Courts of Texas. Read More
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