Texas Car Accident Report Guide: How to File& Protect Your Rights

The Texas Car Accident Report: Your First Critical Step to Protecting Your Rights

If you’ve been involved in a car accident in Texas, your first call after ensuring everyone’s safety should be to law enforcement to file an official car accident report. At Attorney911, with over 25 years of experience handling thousands of Texas car accident cases, we cannot overstate the importance of this single document. As our managing partner, Ralph Manginello, emphasizes based on his decades of litigation in Houston and federal courts: “A police report is often the foundation upon which your entire insurance claim or lawsuit is built. Insurance companies assign tremendous weight to a law enforcement officer’s objective determination of fault. Without it, you’re often left in a ‘he said, she said’ scenario where the insurance company for the at-fault driver will almost always side with their own policyholder over your testimony.” This comprehensive guide will walk you through every aspect of filing a car accident report in Texas, why it’s non-negotiable, and how this single action can mean the difference between a full recovery and a denied claim.

Why a Police Report is Your Most Powerful Early Evidence

In the immediate aftermath of a crash, adrenaline is high, and details become fuzzy. Memories fade. Witnesses leave. The at-fault driver may change their story after speaking with their insurance company. An official Texas Peace Officer’s Crash Report (form CR-3), however, creates a contemporaneous, third-party record of the event. It captures the scene, the statements, the visible damages, and the officer’s professional opinion on how the crash occurred and who likely violated the Texas Transportation Code. From our perspective as Texas personal injury attorneys who have handled everything from fender-benders in Houston to catastrophic multi-vehicle pileups on I-35, this report is the first piece of evidence we request. It frames the initial narrative of your case.

Consider the alternative: you and the other driver exchange information. You both agree it was a minor issue and decide not to “involve the police.” A week later, you develop debilitating back pain—a herniated disc from the impact. You contact the other driver’s insurance, only to be told their policyholder claims you abruptly stopped for no reason or changed lanes into them. Without a police report, it’s your word against theirs. The insurance adjuster, whose job is to protect their company’s bottom line, now has a ready-made reason to deny liability. As client Donald Wilcox experienced before coming to us: “One company said they would not accept my case.” He was facing this exact scenario until Attorney911 stepped in. Don’t let this happen to you. The moment of the accident is the moment to secure your evidence. Call 1-888-ATTY-911 if you’re unsure of what to do next.

What Exactly is a Texas Car Accident Report?

A car accident report, formally known as a Texas Peace Officer’s Crash Report (CR-3), is a standardized document filed by a responding law enforcement officer. In cases where police do not respond to the scene—which we strongly advise against—individuals can file a Citizen’s Report (CR-2), though its legal weight is significantly less. The officer’s report is a comprehensive summary that includes critical details essential for any subsequent legal action.

The Key Components of an Official Police Crash Report

• Parties Involved: Names, addresses, driver’s license numbers, and insurance information for all drivers and registered vehicle owners.
• Vehicle Information: Make, model, year, license plate, and VIN for all vehicles involved.
• Narrative Description: The officer’s written summary of how the crash occurred, based on their investigation, physical evidence (skid marks, debris field), and witness statements. This often includes a diagram of the intersection or roadway.
• Citations Issued: Any traffic citations (like a ticket for Failure to Control Speed or Failure to Yield) issued at the scene. This is a powerful indicator of fault, as it represents the officer’s conclusion that a specific Texas traffic law was violated.
• Property Damage & Injury Assessment: The officer’s notation of visible damage to vehicles and any immediate injuries reported by parties or observed by EMS.
• Witness Information: Names and contact details for independent witnesses—individuals whose unbiased accounts are invaluable.
• Environmental Conditions: Time of day, weather, road conditions, and lighting, which can be crucial in establishing liability.

This report becomes a part of the official record with the Texas Department of Transportation. For your attorney, it’s the starting point of the investigation. At Attorney911, led by Ralph Manginello, we immediately obtain this report and then build upon it with our own investigation—hiring accident reconstruction experts, obtaining surveillance footage, and downloading vehicle “black box” data when necessary. Our involvement in complex litigation, such as the BP Texas City explosion case, has taught us that the initial official report is critical, but it’s just the beginning of proving your case.

How to Make a Car Accident Report in Texas: A Step-by-Step Guide

Reporting methods can vary slightly depending on your specific Texas municipality, but the fundamental process is consistent statewide. Your actions in the first minutes and hours set the trajectory for your claim.

Step 1: Ensure Safety and Assess for Emergencies

Immediately after the impact, check yourself and your passengers for injuries. If anyone is unconscious, bleeding heavily, or complaining of neck/back pain, call 911 immediately and request medical assistance. Do not move an injured person unless there is an immediate danger like fire. If vehicles are operable and there are no serious injuries, move them to the shoulder or a safe area to avoid secondary collisions—a common cause of additional injuries on Texas highways.

Step 2: Contact Law Enforcement

This is non-negotiable. Dial 911. Even if the accident seems minor, you must inform the dispatcher that a collision has occurred. Describe the location, the number of vehicles involved, and whether there are any injuries. The dispatcher will determine whether to send an officer to the scene. In major Texas metro areas like Houston, Austin, or Beaumont, police typically respond to all accidents on public roadways. In some rural areas or for very minor incidents with no injuries, they may instruct you to file a report later at the precinct. Politely insist on an officer coming to the scene. You can explain that there is vehicle damage and you wish to have an official report for insurance purposes.

Why is this so critical? As Lupe Peña, our associate attorney with years of experience as a former insurance defense attorney, explains: “When I was on the defense side, the first thing we looked for was whether there was a police report. If there wasn’t, we immediately questioned the severity of the accident and the claimant’s credibility. It was the first strategic advantage we sought. Now, I advise clients to never give the insurance company that advantage.” Lupe’s insider knowledge from calculating claims for insurance companies is now your weapon.

Step 3: Cooperate with the Responding Officer

When the officer arrives, provide a clear, concise, and factual account of what happened. Stick to the facts: “I was traveling east on Richmond Avenue, had a green light at the Kirby Drive intersection, and the other vehicle ran the red light and struck my driver’s side door.” Avoid speculation, apologies, or admissions of fault like “I’m so sorry, I might not have seen you.” Texas follows a modified comparative fault rule (Texas Civil Practice & Remedies Code § 33.001); even if you are partially at fault, you may still recover damages as long as you are not more than 50% responsible. Let the officer conduct their investigation. Provide your driver’s license, proof of insurance, and vehicle registration.

Step 4: Obtain the Officer’s Information and Report Details

Before the officer leaves, ask for their name, badge number, and police department. Crucially, ask for the “DR Number” or incident number. This is the unique identifier for your crash report. The physical report itself can take several days to several weeks to be finalized and filed. With the DR number, your attorney at Attorney911 can quickly obtain a copy. Also, note the exact location (cross streets, mile marker) as recorded by the officer.

Step 5: If Police Do Not Come to the Scene

If, despite your request, law enforcement does not dispatch an officer, you must take proactive steps. Go to the nearest police department precinct that has jurisdiction over the accident location as soon as possible. You can file a Citizen’s Report (CR-2). While this is better than nothing, be aware that it lacks the investigative weight of an officer’s report. When you file in person, document the name of the officer who takes your report and get a copy or receipt. Then, call Attorney911 at 1-888-ATTY-911 immediately so we can begin our independent investigation to compensate for the lack of an official response.

Texas Law: When Are You LEGALLY Required to File a Police Report?

Beyond being a smart strategic move, filing a police report is often a legal requirement under Texas law. The Texas Transportation Code is very specific about your duties following an accident.

Under Texas Transportation Code § 550.026, you are legally required to immediately stop and provide your information to any other involved driver and to immediately notify law enforcement if the crash results in:

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

Failure to comply with this law can result in criminal penalties, including Class C misdemeanor charges for leaving the scene of an accident. More importantly for your civil claim, failing to report can be used by the insurance company to argue you were attempting to hide something or that the accident wasn’t serious.

Furthermore, local city ordinances often impose stricter or additional requirements. For example, Houston Code of Ordinances § 45-286 requires the driver of a vehicle involved in an accident within Houston city limits resulting in property damage exceeding $1,000 to report the accident to the investigating officer or in person at the police department within 24 hours. Given that even minor bumper damage can easily exceed $1,000 today, this effectively means all accidents in Houston should be reported. Our Houston-based attorneys, deeply familiar with local courts and procedures, see violations of this ordinance complicate claims regularly.

Ralph Manginello, admitted to the Texas Bar in 1998 and practicing in Houston since, stresses this point: “We’ve represented clients who thought their car was drivable after a side-impact, only to discover the frame was bent. They drove away, didn’t call police, and faced a nightmare with the insurance company later. The legal requirement exists for a reason—to create an official record and prevent exactly this scenario.”

How Long Do You Have to Report a Car Accident in Texas?

The timeline for reporting is layered, involving both state guidance and local ordinances.

• State Guidance: It is best practice to report your car accident within 10 days of the incident. While the state no longer requires citizens to file CR-2 forms directly with the state, this 10-day window is a standard for ensuring details are fresh.
• Local Deadlines: As noted, Houston requires a report within 24 hours for accidents with over $1,000 in damage. Other Texas municipalities have similar rules. In unincorporated areas, the county sheriff’s office may have its own guidelines.
• The Reality: From a legal strategy standpoint, you should report the accident at the scene, before anyone leaves. The longer you wait, the more evidence disappears—surveillance footage is typically recorded over after 7-30 days, witness memories fade, and the at-fault driver’s story may solidify into a version that blames you.

The statute of limitations for filing a personal injury lawsuit in Texas is two years from the date of the accident (Texas Civil Practice & Remedies Code § 16.003). However, waiting anywhere near that long to even start the claims process by filing a report is catastrophic to your case. Insurance companies interpret delay as a sign of a weak or fraudulent claim. As client Angel Walle can attest, delay helps no one: “They solved in a couple of months what others did nothing about in two years.” The clock starts ticking on evidence preservation the moment the crash happens. Call 1-888-ATTY-911 today to protect your rights.

The Insurance Company Report: A Separate but Critical Obligation

Filing a police report is your duty to the state. Contacting your insurance company is your duty under your insurance contract. These are two separate actions, and both are essential.

Do I Have to Contact My Insurance Company?

Yes. Virtually every auto insurance policy in Texas contains a “notification” or “cooperation” clause. This requires you to promptly report any accident you’re involved in to your insurer, regardless of who was at fault. Failing to do so can give your insurance company grounds to deny coverage for your own vehicle damage (under your collision coverage) or even deny you a legal defense if you are sued by the other party.

When and How to Notify Your Insurer

You should contact your insurance company as soon as practically possible after the accident, ideally within 24-72 hours. Your initial notification should be basic: provide the date, time, location, other driver’s information, and the police report DR number. Be factual. Do not speculate about fault or the extent of your injuries.

Here is where Attorney911’s guidance is invaluable. Do not give a recorded statement to the other driver’s insurance company without consulting an attorney. They may call you, sounding helpful, and ask for “just a few details.” This is a trap. As Lupe Peña, who used to take these statements for insurance companies, warns: “Every question is designed to find a reason to minimize or deny your claim. They’ll ask about your medical history, your speed, what you were doing before the crash—all to build a ‘comparative negligence’ argument that you were partially at fault.” Your own insurance company has a right to a statement, but even then, having us guide you through that process protects you.

Remember, your insurance company is not your advocate in a third-party claim. They are a business. As client Glenda Walker learned with our help: “They fought for me to get every dime I deserved.” That’s our job.

Common Mistakes to Avoid When Filing a Car Accident Report

Based on our 25+ years of experience, here are the most damaging errors we see:

• Not Calling the Police: This is the #1 mistake. Assume every accident requires a police report.
• Admitting Fault or Apologizing: Even a polite “I’m sorry” can be twisted into an admission of liability. Stick to checking on others’ well-being and exchanging facts.
• Failing to Document the Scene: While the officer will do this, use your phone to take photos of vehicle positions, damages, license plates, street signs, skid marks, and visible injuries.
• Not Getting Witness Information: If the officer doesn’t arrive immediately, get names and phone numbers from independent witnesses yourself.
• Downplaying Injuries: At the scene, you may be in shock. If you feel any pain, stiffness, or dizziness, tell the officer and EMS. The report should reflect your initial complaints. Delayed symptoms are common with soft tissue injuries and traumatic brain injuries, but an initial complaint creates a medical record link to the crash.
• Assuming the Report is Final: Police reports can contain errors. You have a right to request amendments. This is a complex process where an attorney’s intervention is crucial.

When Should You Contact a Car Accident Lawyer? The Answer is NOW.

You should contact a knowledgeable Texas car accident lawyer as soon as possible after the accident. At Attorney911, we recommend calling us from the scene if you are able. Why the urgency?

1. Evidence Preservation: We immediately send spoliation letters to relevant parties (like businesses with surveillance cameras) to ensure critical evidence is not destroyed.
2. Guided Communication: We manage all contact with insurance companies, preventing you from making missteps in recorded statements or written correspondence.
3. Accurate Claim Valuation: Insurance companies use software like Colossus to lowball claims. With Lupe Peña’s insider experience from the defense side, we know how these systems work and how to counter them to value your claim accurately—including future medical costs, lost earning capacity, and pain and suffering.
4. Investigation Launch: Our investigation starts immediately, often uncovering evidence the police missed.

As for-profit businesses, insurance companies are trained to pay you the lowest possible amount. Claims adjusters have quotas and incentives to close files cheaply. Having an experienced firm like Attorney911 on your side from the beginning changes the entire dynamic. We prepare every case as if it’s going to trial because insurance companies know when an attorney is serious. Our record of multi-million dollar settlements, like the one for a client who suffered a leg amputation after a car accident, proves we are not a settlement mill. We fight.

Client Jamin Marroquin experienced this tenacity: “Mr. Manginello guided me through the whole process with great expertise…tenacious, accessible, and determined throughout the 19 months.” That’s the level of commitment you deserve.

Why Attorney911 is Your Best Choice for a Texas Car Accident Claim

When your health and financial future are on the line, the choice of legal representation matters. Here is what sets Attorney911 apart:

• 25+ Years of Texas Courtroom Experience: Ralph Manginello has been fighting for Texans since 1998, in both state and federal courts (U.S. District Court, Southern District of Texas).
• Insider Insurance Knowledge: Our firm includes a former insurance defense attorney, Lupe Peña, who knows exactly how the other side operates, values claims, and strategizes. This is an unfair advantage for our clients.
• Proven Multi-Million Dollar Results: We have secured multi-million dollar settlements for clients with catastrophic injuries, including brain injuries, amputations, and wrongful death. “In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions.”
• Complex Litigation Pedigree: Our firm is one of the few in Texas involved in BP explosion litigation, demonstrating our capacity to take on the largest corporate defendants.
• Client-Centered Service: With 251+ Google reviews and a 4.9-star rating, clients like Chad Harris feel it: “You are NOT a pest to them…You are FAMILY to them.” Our paralegals, like Leonor who is mentioned in over 80 reviews, provide consistent, caring communication.
• Contingency Fee: We work on a contingency basis (33.33% before trial, 40% if trial is necessary). You pay nothing unless we win your case. We advance all costs.
• Bilingual Services: Fluent Spanish services are available through Lupe Peña and our staff, including Zulema.
• Statewide Reach: We serve clients from our offices in Houston, Austin, and Beaumont, across the entire state.

We are not just lawyers; we are your Legal Emergency Lawyers™. When a car accident turns your life upside down, you need a team that responds with urgency, expertise, and compassion.

Frequently Asked Questions About Texas Car Accident Reports

1. What if the police report says I was at fault, but I disagree?

The police report is influential but not conclusive evidence of fault in a civil lawsuit. We can challenge an inaccurate report. We may request an amendment from the officer’s supervisor, obtain additional evidence (like traffic camera footage or vehicle EDR data), and use accident reconstruction experts to prove the true cause. Texas’ modified comparative fault system also means you can recover damages even if you were partially at fault, as long as you were 50% or less responsible.

2. How can I get a copy of my Texas car accident report?

You can purchase a copy through the Texas Department of Transportation’s crash report system online, usually for a small fee. However, when you hire Attorney911, we obtain it immediately as part of our initial case workup at no upfront cost to you.

3. The other driver asked me not to call the police and offered to pay cash. What should I do?

This is a major red flag. Politely decline and call 911. The driver may be uninsured, have a suspended license, or have warrants. Their promise to pay is almost never fulfilled once they leave the scene. You need the official report to trigger your own Uninsured Motorist (UM) coverage if necessary.

4. I have a minor accident with no injuries. Do I really need a lawyer?

Even in minor accidents, having an attorney ensures you are not taken advantage of. Injuries like whiplash can manifest days later. The insurance company’s first offer is almost always a lowball designed to close the file before you realize the full extent of your damages. A free consultation with us costs you nothing and can protect your rights. Call 1-888-ATTY-911 to discuss your specific situation.

5. How long does it take to settle a car accident claim?

Every case is unique. A straightforward property damage claim may resolve in months. A serious injury claim where we must document your full medical recovery and future needs may take a year or more. We prepare every case for trial to maximize its value, which can extend the timeline but typically results in a significantly higher recovery. We communicate with you every 2-3 weeks so you are never in the dark.

6. What if I can’t afford medical treatment while my case is pending?

We help connect you with doctors and specialists who can treat you on a medical lien, meaning they wait for payment until your case settles. You get the care you need now without upfront costs. This is a critical service we provide for our clients.

Take Action Now to Protect Your Future

A car accident report is more than paperwork—it is the first line of defense in protecting your right to full and fair compensation. If you’ve been injured in a car accident anywhere in Texas, from Houston to El Paso, do not navigate this complex process alone. The insurance company has already started building its case. You need an experienced team on your side.

Call Attorney911, The Manginello Law Firm, PLLC, at 1-888-ATTY-911 (1-888-288-9911) for your free, no-obligation consultation. Let Ralph Manginello, Lupe Peña, and our entire team put our 25+ years of experience, insider insurance knowledge, and track record of multi-million dollar results to work for you. We are here 24/7 for your legal emergency. Visit us online at attorney911.com. We don’t get paid unless we win your case.

Frequently Asked Questions

What if the police report says I was at fault, but I disagree?

The police report is influential but not conclusive. Attorney911 can challenge inaccuracies by requesting amendments, obtaining additional evidence like traffic camera footage, and hiring accident reconstruction experts. Under Texas’ modified comparative fault rule, you may still recover damages if you were 50% or less at fault.

How can I get a copy of my Texas car accident report?

You can purchase a copy through the Texas Department of Transportation’s online system. However, when you hire Attorney911, we obtain it immediately as part of our initial case investigation at no upfront cost to you.

The other driver asked me not to call police and offered cash. What should I do?

This is a major red flag. Politely decline and call 911. The driver may be uninsured or have a suspended license. Their promise to pay is rarely fulfilled. You need an official report to trigger your own Uninsured Motorist coverage if necessary.

I have a minor accident with no injuries. Do I really need a lawyer?

Yes. Injuries like whiplash can manifest days later. The insurance company’s first offer is almost always a lowball. A free consultation with Attorney911 costs nothing and protects your rights. Call 1-888-ATTY-911 to discuss your case.

How long does it take to settle a car accident claim?

It varies. Straightforward claims may resolve in months. Serious injury claims requiring full medical documentation may take a year or more. Attorney911 prepares every case for trial to maximize value and communicates with you every 2-3 weeks.

What if I can’t afford medical treatment while my case is pending?

Attorney911 connects you with doctors who treat on a medical lien, meaning they wait for payment until your case settles. You get necessary care without upfront costs.