Can You File a Texas Injury Claim if the Crash Report Blames You?

 Posted on November 04, 2026 in Car Accidents

Reading a crash report that blames you can be frustrating, especially when it does not match what you remember. You might worry that the officer’s findings have already ended your chance to recover compensation.

An unfavorable report does not automatically prevent a Texas injury claim. If you dispute a report after a car crash in 2026, our New Braunfels, TX car accident attorneys will investigate and help you respond.

Does a Texas Crash Report Decide Who Is Legally at Fault?

A crash report records the officer’s investigation. It can influence an insurer’s decision, but it is not a court judgment assigning legal responsibility.

An officer often arrives after the collision. Their findings could rely on statements from drivers and witnesses rather than a firsthand view of the impact. Evidence discovered later could change the picture.

If your case reaches trial, the judge or jury decides responsibility based on the evidence admitted in court. Under Texas law, that decision belongs to the person or people deciding the case, rather than the officer who completed the report.

What Should You Check if a Texas Crash Report Blames You?

Obtain the full report rather than rely on an adjuster’s summary. People involved in a collision can request a copy through the Texas Department of Transportation, or TxDOT.

Review the parts that explain how the officer reached the disputed conclusion, including:

• The written description of the collision
• The diagram showing vehicle positions and travel directions
• Statements attributed to you or other witnesses
• Contributing factors listed for each driver
• The location of damage on each vehicle

Separate factual errors from disagreements about fault. A diagram placing your car in the wrong lane presents a specific issue to correct. A conclusion that you failed to yield needs a review of the traffic controls and each driver’s actions.

Mark the passages you dispute and explain what you believe happened instead. Avoid describing the entire report as wrong when only certain details are in question.

Can You Ask Police to Correct a Texas Crash Report?

You can contact the investigating agency to request a review of an error or missing information. Identify the report number and provide a clear explanation, along with any supporting material.

TxDOT’s reporting instructions provide for supplemental reports when officers receive additional information. However, you cannot personally rewrite the official report or require an officer to accept your account. The investigating agency handles that process.

For example, a video showing your lane position gives the agency something specific to examine. Simply disagreeing with the officer’s conclusion might not lead to a change.

Do You Need a Corrected Texas Crash Report Before Filing an Injury Claim?

You do not have to wait for the police to change the report before pursuing your claim. Requesting a correction and seeking compensation are separate processes. Your attorney will notify the other driver’s insurer that you dispute the report while the agency reviews your request.

Explain which findings you disagree with when presenting the claim. This gives the insurer your position from the start rather than leaving the report as the only account it receives.

Can You Recover Compensation if You Share Fault for a Texas Crash?

Sharing fault does not always prevent recovery. Under Texas Civil Practice and Remedies Code § 33.001, you cannot recover damages if your responsibility exceeds 50 percent. At 50 percent or less, your compensation is reduced by your share of fault.

For example, if your damages total $10,000 and you are found 20 percent responsible, that reduction leaves $8,000 before other applicable adjustments.

This means a claim does not always require proving that you did nothing wrong. The evidence must establish each party’s actual contribution to the harm.

What if an Insurer Denies Your Claim Based on the Crash Report?

Ask for the reason for the denial in writing. Find out whether the insurer relies only on the report or also disputes other evidence.

Your response should address the stated reason. If the adjuster relies on a witness statement, your attorney should examine what that witness could actually see. If new footage contradicts the report, submit it with an explanation of the conflict.

An insurer’s refusal to pay does not prevent a lawsuit against the responsible driver. Your attorney can assess whether further negotiations or court action provide the better path.

Contact a New Braunfels, TX Car Accident Lawyer

You deserve a careful review when a crash report tells a different story from what you experienced. At The Bettersworth Law Firm, our attorneys will examine the disputed findings and help you pursue compensation.

Our firm brings 25 years of legal experience. We keep our caseload intentionally low so clients receive personal attention. Contact our San Marcos, TX car accident attorneys or call 830-606-0404 for a free consultation.