Yes, when anyone is injured or killed or a vehicle cannot be normally and safely driven. Texas requires the drivers to notify police immediately. Even in smaller crashes, a police report is one of the most useful pieces of evidence for an injury claim.
The rule is in Transportation Code section 550.026. A driver in a crash that injures or kills someone, or damages a vehicle so it cannot be normally and safely driven, must immediately notify the local police department if the crash happened in a city, or the sheriff's office or the Department of Public Safety outside city limits. In Houston, that usually means Houston Police inside the city and the Harris County Sheriff or a constable in unincorporated areas.
Officers then write the official report. Under Transportation Code section 550.062, an officer who investigates a crash involving injury, death, or apparent property damage of $1,000 or more must file a written report with TxDOT within 10 days. That report, the CR-3, is what insurers and lawyers rely on for the parties, insurance, diagram, and the officer's observations.
Drivers also have duties at the scene. Texas law requires you to stop, give your name, address, vehicle registration, and liability insurer, and provide reasonable assistance to anyone injured. On a freeway in a metropolitan area like Houston, if every vehicle in a damage-only crash can be normally and safely driven, Transportation Code section 550.022 requires the drivers to move to the frontage road, a cross street, or another suitable spot to exchange information.
If police do not come, document everything yourself: photos, the other driver's license and insurance card, witness names, and the exact location. TxDOT no longer keeps the old driver's crash report form (CR-2), so keep your own record.
A report is not the final word on fault, and errors can be corrected. Owsley Law Firm obtains the report for clients at no charge and charges no fee unless it wins.
What to do, step by step
- Call 911 if anyone is hurt or the cars cannot be driven.
- On a Houston freeway, if no one is hurt and the cars can be driven, move to the frontage road or a cross street.
- Exchange name, address, registration, and insurance with the other driver.
- Ask the officer for the report number and the investigating agency.
Officers must file the report with TxDOT within 10 days, and copies can then be bought through TxDOT's online crash report system or requested from the investigating agency.
If police did not respond to a minor crash, a later report can sometimes be made with the local agency. Ask the agency what it accepts.
The report is evidence, not a verdict. Statements in it can be wrong, witnesses can be missing, and officers do not decide fault for an injury claim.
Mistakes that cost people money
- Agreeing with the other driver to leave police out of an injury crash.
- Leaving the scene without exchanging information.
- Not getting the report number before the officer leaves.
Related questions
Do I need a police report to file a claim?
Not always, but it helps significantly. Without one, photos, witness statements, and your own written account carry more weight.
How long do I have to report a crash?
When injury, death, or a disabled vehicle is involved, the law says immediately. Report to your own insurer as soon as possible too.
Who writes the report on a Houston freeway?
It depends on the location: Houston Police inside the city, the Harris County Sheriff or constables in unincorporated areas, and sometimes DPS on state highways.
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