Possibly — a police report is not the final word on fault. The officer usually didn't witness the crash and formed an opinion from the aftermath; that opinion isn't binding on an insurer, a judge, or a jury. Independent evidence like photos, witness statements, and vehicle damage can tell a different story. Don't give up because of what the report says; let a lawyer review the actual evidence.
Jimmy personally reviews every submission — most people hear back the same day.
People read the officer's fault box and assume the case is finished. It is not, and it is worth understanding why.
The officer almost never saw the crash. They arrived afterward, looked at where the vehicles ended up, and listened to whoever was conscious and talking — which, if you were badly hurt and being loaded into an ambulance, was the other driver. Then they recorded an opinion in a coded field.
That opinion binds no one. It does not bind the insurance company, it does not bind a judge, and it does not bind a jury. Courts limit how crash reports may be used at trial precisely because the officer's conclusion is not first-hand knowledge.
Even if some of the blame really is yours, Texas uses proportionate responsibility. You can recover as long as your share is 50% or less; your award drops by your percentage. Above 50% you recover nothing.
So "the report says I was at fault" and "I have no case" are very different statements. A finding that you were 20% responsible still leaves 80% of your damages on the table — and the percentage is not set by the officer. It is argued, and ultimately set by a jury.
Physical evidence. Damage patterns, crush depth, where the vehicles came to rest, skid and gouge marks. Physics constrains what could have happened in ways that a recollection cannot.
Vehicle data. Many vehicles record speed, braking and throttle in the seconds before impact. A commercial truck's engine control module does this in detail. That data has settled more fault disputes than any argument.
Video. Dashcams, doorbell cameras, business surveillance, traffic cameras. The single highest-value thing anyone can do in the first week is canvass for footage, because most systems overwrite within days to a few weeks.
Independent witnesses. Someone with no stake who saw it. Officers do not always collect them, and they scatter fast.
Reconstruction. In a serious case, an accident reconstructionist converts that evidence into a defensible sequence — which is how an officer's after-the-fact guess gets displaced by an account built from measurements.
Do not argue about it with the adjuster. Calling to explain your version gives them a recorded conversation, and everything you say becomes material to use. The report gets answered with evidence, not with your explanation.
Do not assume it is accurate. Factual errors are common — wrong lane, wrong direction, a missing witness. Some can be corrected by the responding agency if you raise them early.
And do not wait. Everything that could displace the officer's conclusion is perishable. A case where fault is contested is exactly the case where moving in the first week matters most.
Authority: Tex. Civ. Prac. & Rem. Code ch. 33
Lanes, directions, vehicles, witnesses. Errors can sometimes be corrected early.
Businesses and doorbell cameras recycle in days or weeks. Nobody preserves it unless asked.
A recorded explanation becomes their material. Answer the report with evidence instead.
Partly at fault is not barred. The percentage is argued, not decided by the officer.
Rear-endings, intersection crashes, uninsured drivers, hit-and-runs — in Houston, El Paso, and everywhere in between.
Federal regulations, black-box data, driver logs, multiple insurers. We move fast to preserve evidence before it disappears.
Hurt on the job for a non-subscriber employer, or injured by a third party at a job site? Texas gives you real options.
When the worst happens, we pursue accountability for surviving families with the care and seriousness it deserves.
La consulta es gratis y confidencial. No paga nada a menos que ganemos su caso. Jimmy contesta personalmente, hoy mismo.
Every day you wait, evidence disappears and the insurer gets ahead. One free call. Straight answers about your case — in English or Spanish. If you need a fighter, you'll have one. If you don't, I'll tell you that too.
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