Q: In Texas, do the police always come to the scene of car accidents?
No. There are circumstances where when the caller is asked if they are any serious injuries and if caller say no, the drivers in the accident just exchange information and later, if you need to, you go and seek treatment for the injuries that you sustained in the collision.
Q: If the police come to the scene of the car accident, is it ok for me to talk to them?
Absolutely. Part of the investigation is to allow the person at the accident to explain what happened especially very shortly after the crash. That is when you are fresh with the information unlike when time lapses you forget some details.
Q: Do the police in their report ever draws conclusions as to who is at fault?
Yes. It is based on statements that are given, but it is not only limited to the information given. The police may ask who caused the accident and if they believe that one party may have been more responsible than the other, often that information will . They may come to their decision based on statements and witness.
There are circumstances where the police will go back to the police station and view video of that particular intersection. Once they review the intersection video they may change their minds.
What if he police report says I am responsible but I wasn’t?
If the police report says that you were responsible for the car accident, then we need to find more information because there are situations when the other person may have been transported to the hospital by an ambulance and they could not give their side of the story. We find that usually when the police report is inaccurate it’s because one of the drivers was taken from the scene before the police could interview them.
There are circumstances when a person has the right to contact the police department and ask that an incorrect police report to be amended based on additional witness statements that may not have been on the report made at the scene of the car accident.
As a lawyer for car accident victims, do you ever find yourself requesting that the police amend their report?
We have a number of times, but only in a low percentage of the car accident cases we’ve handled. Sometimes, even when we do not request it, the other party requests it because they have firsthand knowledge.