Is the Police Report the Final Word In a Personal Injury Accident Claim?

David K. Wilson & Associates

February 20, 2018

After you are involved in a car or truck accident that wasn’t your fault, several things will happen before you can pursue a personal injury claim.


First, you will have to exchange contact information with the person responsible. Second, you will have to take pictures and videos of the scene to ensure that you capture as much original evidence as possible.


And third, you will have to call the police so that they can complete an official report. In fact, most states have laws that require you to file a report if property damage is over a specific amount, or if the accident resulted in an injury or death.


In Texas for example, the law requires you to call the police or fill out a crash report from if there is property damage greater than $1,000 or if someone was injured or killed in the accident.


But if a police report is filed, is this the official and final document of what happened in the accident? Let’s try to answer that question.


What If the Police Report Isn’t Complete In Your Personal Injury Claim?

A police report for a car accident will detail statements made by all parties involved in the accident, including what each witness told officers. It will also include basic information from each person involved in the accident such as name, phone number, address, driver’s license number and insurance details.


And in many instances, the report will also include the officer’s assessment of which party was at fault in the accident.


This is very important, because the insurance company of the person who is at fault will analyze the report before deciding how to proceed with negotiations. And if the report contains errors, then those errors could affect your personal injury claim.


So even though car accident police reports are not admissible in court as evidence in many states, they are important evidence for the insurance company, so you have to make sure to correct or dispute any details that are not accurate.


Disputing a police report requires you to show evidence that the officer made a mistake, otherwise the police department will not amend the report.


The biggest takeaway about a police report is that it isn’t the final word in your claim. Your lawyers will often find evidence not available in the report that can strengthen your case.


The Importance of a Personal Injury Attorney



Because police reports are not the end of the story when it comes to your personal injury claim, you will need an experienced law firm to help gather additional evidence. That’s why you need the team at David K. Wilson & Associates, which has the resources to investigate your claim and gather all the evidence you need to bolster your case. 

May 20, 2025
According to the National Highway Traffic Safety Administration in 2023, 26,040 motor vehicle accidents involved driving under the influence of alcohol. From these impaired motor vehicle accidents 1,090 people died, which is 25.45% of the total number of people killed in motor vehicle traffic crashes. This is a grim picture, but it highlights the dangers of driving in the U.S, as impaired drivers pose a significant threat to public safety. It’s important to understand the legal process that follows a drunk driving accident and to educate yourself on the steps you can take if you ever find yourself in such a situation. At David K. Wilson and Associates we will help fight for the compensation you deserve by making sure the responsible parties are held accountable. While you are dealing with the devastating impact drinking and driving can have, we will be by your side, providing legal guidance and support every step of the way to help you recover both emotionally and financially. Seek Medical Attention Immediately after a drunk driving accident make sure everyone in the situation is safe and unharmed. Your priority is going to be your health and making sure you seek medical attention as soon as possible, even if the injury is minor. Getting a medical evaluation not only ensures your well-being but will also create official documentation of your injuries which will be essential for filing your personal injury claim. Overall, helping strengthen your case for compensation. Contact Law Enforcement After ensuring your safety, the next step is to contact local law enforcement immediately. This is an important step as law enforcement officers will have to make a report of the accident. Officers will have to document the scene, gather witness statements, and conduct sobriety tests on the drunk driver. The police report will serve as crucial evidence in your case, proving the driver’s impairment and negligence. Once all the evidence has been gathered make sure to request a copy of the police report, as it will be a vital part of your legal claim and any potential compensation. Document the Accident In this next step you want to make sure you gather as much evidence as possible while at the scene. You should take photos of the vehicles, any damage, injuries, and the conditions of the road during the time of the accident. Note all the information when it comes to the vehicle, like make, model, year, color, and the license plate number. Likewise, don’t forget to exchange all information with the other party involved, like names, addresses, phone numbers, driver’s license numbers and insurance information. All this information will be vital to supporting your case and proving the other driver's liability. Even having witness statements can help support your case. This thorough documentation can significantly strengthen your claim for compensation. Consult a Personal Injury Lawyer After documenting and gathering all information from the accident, it’s crucial to consult with a personal injury lawyer who has experience in handling car accident claims. It's essential to consult your attorney before making any statements to insurance companies. As an experienced attorney can guide you through the legal process, assess the full extent of your damages, and ensure you receive fair compensation. This prevents you from unintentionally harming your case or accepting a lower settlement than you deserve. At David K. Wilson and Associates, we will pursue punitive damages to hold the drunk driver accountable and handle all negotiations with the insurance companies. Having us as your legal representative will help strengthen your case as we have experience and a proven track record of success. Explore Legal Options for Compensation Once you have sought expert advice and gathered all the important information, it’s time to explore your legal options for compensation. As a victim of a drunk driving accident, you may be eligible to file a personal injury claim to recover damages for medical bills, lost wages, pain and suffering, and property damage. One of our experienced Texas car accident attorneys at David K. Wilson & Associates will guide you through the process and help ensure you receive the compensation you deserve. A drunk driving accident can be a very traumatic experience for everyone involved, but understanding your legal options is vital to recovering the compensation you are entitled to. You can protect your rights and hold the responsible party accountable by following the right steps of seeking medical attention, documenting the car accident, consulting a lawyer, and exploring your legal options. It’s important to take the necessary steps as soon as possible, as Texas has a Statute of limitations when it comes to auto accidents. If a victim does not file within the two-year window, they may lose their right to receive compensation for their injuries. Make sure to contact an experienced Sherman Texas auto accident lawyer as soon as possible after being in an accident. At David K. Wilson and Associates, we have the right attorneys to guide you through every step of the process, ensuring you receive justice, and the compensation needed to rebuild your life.
April 23, 2025
Aviation accidents can seem less frequent than other crashes but happen more often than people expect, and it’s important to understand the causes and risks of these incidents. As Aviation accidents are more than just plane crashes but can be any occurrence that causes a serious injury or death from the time a person boards the aircraft until a person leaves. Some incidents involve a person coming into direct contact with a part of the aircraft that injures them, or an aircraft component failing, which could lead to an engine malfunction and result in the aircraft catching fire. In all cases, aviation accidents lead to some type of injury or fatality that often results in legal action being taken against the manufacturer, airline, or flight school. At David K. Wilson and Associates, we are committed to advocating for your rights and will help you get the justice you deserve regardless of the aviation cause. We want to help you understand the common causes of these incidents to improve your safety by identifying risk factors when traveling. To improve safety awareness, let’s explore some of the most common aviation accidents. Common Causes of Aviation Accidents Product Design: In some cases, aviation accidents occur due to defects in the design of aircraft components. A defect in one of the design processes might include using materials that were not well tested, defective systems, or a flaw in the engineering process that creates critical failures during flight. Poorly designed products can have a trickle-down effect on other systems, leading to accidents that could have been avoided with better and more adequate design and testing of the product. All aircraft components manufactured for flight must be examined carefully to ensure that they do not compromise safety. The airline or manufacturer may also be held liable for damages if a product design defect is identified as the cause of an accident. Pilot Error: The most common cause of aviation accidents, according to the latest statistics, is pilot error. Pilot error can be any mistake in judgement, decision making, or aircraft operation. For example, it can be as small as a lapse of judgment or as horrific as a pilot who was intoxicated during a flight leading to an error. It’s crucial to recognize that human error, especially in aviation, can be alarming and is often caused by factors like fatigue, inadequate training, distractions, or miscommunication with air traffic control. Examples include not following flight protocols, making the wrong decision during an emergency, and miscalculating weather conditions. Mechanical Failures : The second most common cause is mechanical failure, which is also a component that can lead a pilot to make an error that contributes to the overall accident. Mechanical failures are often due to manufacturing defects, faulty parts, and poor maintenance of the aircraft. When critical components of an aircraft start to malfunction, like the engines, hydraulics, and navigation systems, it causes a pilot to lose control and create emergency situations. An aircraft can be compromised by the smallest defect like a sensor malfunction, ultimately leading to critical system failures. That’s why it’s important for airlines to do thorough inspections and regular maintenance checks before every flight to prevent these life-or-death situations. Weather Conditions : Severe weather conditions can wreak havoc on any aircraft, ultimately compromising a pilot’s ability to guide a plane to a safe landing. Such as thunderstorms, high winds, fog, or snow. These weather conditions can affect visibility and create turbulence, making it difficult for pilots to see and control the aircraft. The aircraft can be affected even before takeoff, as these conditions may influence the pilot's decision to fly or not. If the weather is deemed unsafe, it can halt flight plans altogether, as takeoff under poor conditions could compromise safety. Pilots must consider all possible weather effects while in flight, such as lightning strikes that could damage the electrical system or icing on the wings, which can cause system malfunctions. Mild conditions like fog can even impact the aircraft drastically as pilots will experience navigation errors due to lack of visibility. While pilots and airlines are carefully assessing the weather forecast, it’s important for a passenger to be aware of all the possible outcomes when flying in severe weather. Air Traffic Control Error: When air traffic control miscommunicates to an aircraft and makes mistakes when managing flight paths, altitudes, or runway usage it can lead to severe midair-collisions and takeoff accidents. Communication is a vital aspect of air traffic control (ATC) as any misinterpretation of instructions between ATC and pilots, or even ground control failing in coordinating aircraft movements can have life-threatening consequences. There are multiple factors that can contribute to the lack of communication that can happen on a runway, whether that be human error, understaffing, or equipment malfunctions. To ensure safety air traffic control needs to make sure they have effective communication and that all their technology is up to date. Understanding the common cause of aviation accidents like pilot error, mechanical failure, weather conditions, and air traffic control error is vital for improving safety in the sky. At David K. Wilson and Associates, we want to make sure that every victim whether that be those who have personally experienced an injured in these types of accidents or a loved one has died, is able to identify these causes for pursuing legal action and seeking proper compensation. We believe you need an aviation accident lawyer to become your advocate while going through these difficult times. If you or a loved one has been injured,
By David K. Wilson & Associates August 15, 2024
Experiencing a serious personal injury can be overwhelming and life-changing. Taking prompt action is crucial for protecting your rights and ensuring you receive the compensation and support you need. This post will emphasize the importance of timely action after a serious personal injury and provide a step-by-step guide on what to do. Immediate Steps to Take Seek Medical Attention: Your health and safety are the top priority. Seek immediate medical care to address your injuries and document them for your legal case. Report the Incident: Notify the appropriate authorities, such as the police or your employer, depending on where the injury occurred. Obtain and keep copies of all reports. Gathering Evidence Document the Scene: If possible, take photos and videos of the accident scene, your injuries, and any contributing factors. Collect Witness Information: Obtain contact details and statements from any witnesses to support your case. Maintaining Records Medical Records: Keep detailed records of all medical treatments, prescriptions, and expenses related to your injury. Incident Reports: Ensure you have copies of any incident or police reports filed. Financial Documentation: Maintain records of any lost wages and other financial impacts resulting from your injury. Consulting a Personal Injury Attorney Seek Legal Advice: Consult a personal injury attorney as soon as possible to understand your rights and legal options. Attorney’s Role: An attorney can help gather evidence, negotiate with insurance companies, and represent you in court if necessary. Understanding Statutes of Limitations Time Limits: Personal injury claims in Texas must be filed within a specific timeframe, usually within two years from the date of the injury. Failing to file within this period can result in losing your right to compensation. Filing a Personal Injury Claim Prepare Your Case: Work with your attorney to gather all necessary documentation and build a strong case. Negotiation and Settlement: Your attorney will negotiate with the responsible party’s insurance company to seek a fair settlement. Going to Court: If a fair settlement cannot be reached, your attorney may file a lawsuit and represent you in court. The Importance of Prompt Action Preserving Evidence: Acting quickly helps preserve crucial evidence that may otherwise be lost or deteriorate over time. Timely Medical Treatment: Prompt medical attention not only aids in your recovery but also strengthens your legal case by providing documented evidence of your injuries. Protecting Legal Rights: Consulting an attorney early ensures you meet all legal deadlines and navigate the complex legal process effectively. Taking prompt action after a serious personal injury is essential for protecting your rights and securing the compensation you deserve. By seeking immediate medical attention, gathering evidence, and consulting a personal injury attorney, you can improve your chances of a successful outcome. Understanding the importance of timely action can make a significant difference in your recovery and legal case.
More Posts