The basics of police crash reports in tort cases   

When one party seeks compensation from another party for injury or death in a car crash, the police report is the foundational piece of evidence in the claim. However, police reports are also complex pieces of evidence that may or may not be factually true.  

Police reports on car crashes are crucial for insurance settlements, but their use in a courtroom is strictly governed by evidence rules.  

Let’s look more closely at the role of crash reports in tort litigation.  

Fact-Finding Tool  

Reports provide a neutral third-party account of the scene, including vehicle positions, road conditions, time of day, and weather.  

Identifying Parties & Witnesses  

The reports contain essential contact and insurance information for all involved drivers and potential witnesses who may later testify.  

Liability Influence  

Although an officer’s opinion on who is “at fault” is not legally binding in court, it heavily influences insurance adjusters during pre-trial settlement negotiations.  

Admissibility & Hearsay  

In most jurisdictions, police reports are considered hearsay (out-of-court statements), and are generally inadmissible as evidence in a trial. However, certain parts, like a scene diagram, may be used to illustrate an officer’s live testimony.  

Critical Elements for Tort Cases Citations Issued  

If a report indicates a driver was ticketed for a traffic violation (e.g., speeding or running a red light), this can be used as strong evidence of negligence per se.  

Comparative Fault  

In states with comparative negligence laws, like Texas, the report helps determine the percentage of fault assigned to each party, which directly impacts the final compensation amount.  

Documenting Injuries  

Immediate observations of injuries in the report help link the physical harm directly to the crash, preventing the defense from claiming the injuries occurred later.  

Managing Report Inaccuracies  

If a report contains errors, it can severely damage a tort claim. Parties should request corrections by contacting the responding agency to fix objective factual errors (e.g., wrong VIN or date).  

File a Supplemental Statement  

If the officer refuses to change their “opinion” on fault, most departments allow you to attach a supplemental statement or your own version of events to the official record.  

Contact J. Gonzalez  

Obviously, managing a police report is highly complicated for anyone who is not an attorney. That’s why you need a law firm on your side to handle those complexities and ensure your rights are protected.  

The expert attorneys at the J. Gonzalez Law Firm have decades of experience reading police reports and finding errors that could have trampled on their clients’ rights.  

The J Gonzalez Law Firm can do the same for you. Contact us right away for a free consultation. You can reach us via this website or by calling 1-800-CAR-CRASH.  

Car crashes can be devastating for families. Don’t let a faulty police report make it even worse. We’re here and ready to hear from you.  

McAllen car crash leaves two dead, one injured; investigation pending 

By: Benjamin Trevino 

A January 19 car crash left two people dead, one injured, while the cause of the crash was still not certain. 

According to McAllen police, the crash involved two vehicles, and happened at approximately 2:20 a.m. in the 5200 block of N. Bicentennial Blvd. That is near the intersection of Kerria Ave. 

McAllen police spokesperson Sgt. John Saenz stated that the 32-year-old female driver of a Dodge Durango was killed in the crash. A passenger in her vehicle, an 18-year-old female, was injured, and transported to a San Antonio hospital for treatment. 

The 42-year-old male driver of the other vehicle was also killed in the collision. Police did not release the names of any of the parties involved in the crash, and as of this writing no details on how the crash occurred had been released. 

Source: https://www.krgv.com/news/two-people-killed-in-mcallen-crash-that-caused-vehicle-fire?