How Texas Law Really Determines Fault After a Crash
After a Texas car accident, many injury victims feel defeated the moment they see the police report assigning them fault. Insurance adjusters often treat these reports as gospel—using them to deny claims or pressure injured drivers into unfair settlements. But under Texas law, a police report does not determine liability. Even if the report blames you, you may still recover compensation depending on the evidence and how fault is ultimately apportioned.
Below is a detailed explanation of how Texas courts treat police reports—and why they are far from the final word in car accident litigation.
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I. Police Reports Do Not Decide Fault Under Texas Law
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I. Police Reports Do Not Decide Fault Under Texas Law
In Texas, fault is determined by the trier of fact—typically a jury—not by a police officer’s accident report. Under Texas Civil Practice & Remedies Code § 33.003, the jury must determine the percentage of responsibility for each party who contributed to the accident. This determination is based on admissible evidence presented at trial, not merely on conclusions written in a crash report.
Key Principle:
Liability in Texas car accident cases is decided by the jury’s evaluation of evidence—not by a police officer’s opinion at the scene.
II. Police Officers Often Do Not Witness the Accident
Police officers usually arrive after a collision has already occurred. Their reports are commonly based on:
- Statements from drivers
- Statements from witnesses
- Physical evidence observed after the fact
- Assumptions drawn from vehicle positioning or damage
These observations are inherently limited and may be incomplete or inaccurate—especially when drivers are injured, shaken, or unable to fully explain what happened.
Texas courts recognize this limitation and do not treat police reports as conclusive proof of fault.
III. Police Report Opinions Can Be Challenged or Excluded
Texas law allows accident victims to challenge both the admissibility and weight of police reports—particularly when they contain opinions on causation or fault. In Urquhart v. Antrum, 776 S.W.2d 595, the court held that the trial court erred by admitting hearsay statements from a police report regarding the cause of the accident. The ruling reinforced that officers’ conclusions about fault are not automatically admissible and may improperly influence a jury.
Key Principle:
A police report is not immune from evidentiary challenges and may be excluded or limited at trial. Texas courts recognize this limitation and do not treat police reports as conclusive proof of fault.
IV. Texas Uses Comparative Negligence—Not All-or-Nothing Fault
Texas follows a modified comparative negligence system. Under Tex. Civ. Prac. & Rem. Code § 33.001, an injured party may still recover damages as long as they are 50% or less responsible for the accident.
This means:
- Being partially at fault does not bar recovery
- Even if the police report blames you, fault can be reassessed
- Evidence may show another driver bears greater responsibility
Insurance companies often ignore this nuance—but courts do not.
V. Evidence That Can Overcome a Police Report
An experienced Texas personal injury attorney can build a case that goes far beyond the crash report, using evidence such as:
- Surveillance or dashcam footage
- Accident reconstruction analysis
- Vehicle data and braking records
- Eyewitness testimony
- Medical evidence showing impact dynamics
- Cross-examination of the investigating officer
In many cases, this evidence directly contradicts the initial conclusions in the police report.
Key Principle:
Police reports are only one piece of evidence—and often not the most persuasive one.
VI. Conclusion
A police report that blames you does not mean your case is over.
- Police reports do not determine liability in Texas
- Officers’ opinions can be challenged or excluded
- Juries—not reports—decide fault percentages
- You may still recover damages if you are 50% or less at fault
Insurance companies routinely rely on police reports to undervalue or deny claims. Texas courts, however, demand a full evidentiary analysis before assigning responsibility.
If you were injured in a Texas car accident and the police report places blame on you, do not assume you have no legal options. Our firm can review the evidence, challenge the report’s conclusions, and fight to maximize your recovery under Texas law.
Contact Wyde & Associates today to protect your claim and your future.