Texas Car Accident: When to Call Police & File a Report

WHY MAKING A POLICE REPORT IS CRUCIAL:

Getting into a car accident is a stressful experience, but knowing the legal requirements can help you navigate the aftermath. In Texas, specific laws govern when and how you must report a collision. Understanding these regulations is vital, not only for legal compliance but also to protect your interests, especially if you’re not at fault after a Texas car crash.

Let’s break down some key sections of the Texas Transportation Code that shed light on your responsibilities after a Texas car accident.

THE IMMEDIATE DUTY TO REPORT: TEXAS TRANSPORTATION CODE SEC. 550.026

Texas Transportation Code Sec. 550.026 outlines the immediate car accident reporting requirements for vehicle collisions. This section isn’t just a suggestion; it’s a legal obligation in certain circumstances.

According to this statute, if you’re involved in a collision that results in:

• Injury to or death of a person
• Damage to a vehicle to the extent that it cannot be normally and safely driven

You are legally required to IMMEDIATELY and by the QUICKEST MEANS OF COMMUNICATION give notice of the collision to the appropriate authorities. Call 911.

The specific authority you should contact depends on the location of the accident:

• Within a municipality: The local police department.
• Not more than 100 feet outside the limits of a municipality: The local police department or the sheriff’s office.
• Outside these areas (and not covered by the previous two points): The sheriff’s office or the nearest office of the department.

It’s important to note that even if two municipalities or a county and municipalities have agreements about handling these reports (as mentioned in subsection (b)), your duty to report the collision remains unaffected. The key takeaway here is that if the Texas car crash is serious enough to cause injury, death, or render a vehicle unsafe to drive, you MUST report it promptly.

WHEN PEACE OFFICERS GET INVOLVED: TEXAS TRANSPORTATION CODE SEC. 550.041

Beyond your duty to report, Texas Transportation Code Sec. 550.041 details when a peace officer may investigate a collision. This section grants peace officers the authority to investigate a motor vehicle collision if it results in:

• Injury to or death of a person
• Property damage to an apparent extent of at least $1,000

What’s particularly significant about this section is that a peace officer MAY investigate the collision and file justifiable charges relating to the collision without regard to whether the collision occurred on property to which this chapter applies. This means that even if the accident happens on private property, like a shopping center parking lot (unless it’s a privately owned residential parking area or a paid parking lot), an officer can still investigate and take action if the criteria for injury, death, or $1,000+ property damage are met. Either way, prudence would be to always request an Incident Report  or  Crash Report be made, regardless.

WHY REPORTING YOUR CAR CRASH MATTERS, ESPECIALLY IF YOU’RE NOT AT FAULT

While these laws outline your responsibilities, they also provide crucial protection. A formal police report, generated from your immediate notification, serves several vital purposes after a Texas car accident:

1. Establishes Documentation: It creates an official record of the accident, including details about the location, time, and involved parties.
2. Aids in Determining Fault: The officer’s investigation and report can be instrumental in determining who was at fault in the Texas car crash, which is critical for insurance claims and potential legal action. 
3. Supports Your Insurance Claim: Insurance companies rely heavily on police reports to process making an insurance claims. Without one, it can be significantly harder to prove your case – the insurance company is not your friend.
4. Protects Your Rights: If you were not at fault, the police report helps substantiate your claim for damages, including medical bills, lost wages, and vehicle repairs.

In summary, don’t delay reporting a significant car accident in Texas. Understanding and adhering to Sec. 550.026 and Sec. 550.041 of the Texas Transportation Code is not just about following the law; it’s about safeguarding your well-being and ensuring a smoother path to recovery and compensation if you find yourself in the unfortunate event of a car collision in Texas.

For serious car accidents, contact Tomas A. Caquias Esq MSTC at Caquias Law Group, PLLC in Harlingen, Texas or San Antonio, Texas for a free consultation. We handled personal injury cases for injury victims across Texas. Follow us on instagram and facebook @CaquiasLaw to learn more.