The Texas Department of Transportation (TxDOT) is the official source for crash reports in Texas. Texas Transportation Code §550.065 outlines who is eligible to receive a copy of a crash report. Access to these reports is granted upon written request and payment of a required fee, but is limited to those with a direct connection to the accident or a proper interest in it. This ensures both privacy and appropriate access to important information regarding traffic incidents within Texas.
The law specifies several categories of individuals and entities who are considered to have a direct concern or proper interest, allowing them to obtain a crash report. These categories are designed to encompass those most likely to need the information for legal, insurance, or safety-related reasons. Let’s break down who qualifies under Texas law to receive a Texas Department Of Transportation Crash Report.
Who is Directly Concerned and Eligible for a TxDOT Crash Report?
Texas law is specific about who can obtain a crash report. The following categories are explicitly listed as being directly concerned or having a proper interest:
Individuals Involved in the Accident
- (A) Any person involved in the accident: This is perhaps the most straightforward category. If you were a driver, passenger, cyclist, or pedestrian directly involved in the crash, you are entitled to a copy of the report.
- (B) The authorized representative of any person involved in the accident: This provision allows individuals to designate a representative, such as a lawyer or legal counsel, to obtain the report on their behalf. This is particularly helpful for those who may be incapacitated or prefer to have legal assistance in handling the aftermath of an accident.
- (C) A driver involved in the accident: Regardless of fault, any driver who was part of the accident is eligible to receive the crash report.
- (D) An employer, parent or legal guardian of a driver involved in the accident: This category recognizes the responsibilities and potential liabilities associated with drivers, especially those driving for work or who are minors. Employers may need reports for insurance or liability reasons, and parents or guardians of minor drivers have a clear interest in understanding accident details.
Vehicle and Property Owners
- (E) The owner of a vehicle or property damaged in the accident: If your vehicle or other property was damaged in a crash, even if you were not directly involved as a driver or passenger, you are entitled to the crash report. This is crucial for insurance claims and understanding the circumstances surrounding property damage.
Insurance and Financial Responsibility
- (F) A person who has established financial responsibility for a vehicle involved in the accident in a manner described in Texas Transportation Code 601.501, including a policyholder of a motor vehicle liability insurance policy covering the vehicle. This is a more technical category, but essentially it includes anyone who has demonstrated financial responsibility for a vehicle, most commonly through car insurance. Policyholders of insurance covering a vehicle involved in an accident have a legitimate need to access the crash report for claims processing and liability assessment.
- (G) An insurance company that issued an insurance policy covering any vehicle involved in the accident: Insurance companies require crash reports to process claims efficiently and accurately. This category grants them direct access to these essential documents.
- (H) An insurance company that issued a policy covering any person involved in the accident: Similar to the previous point, insurance companies covering individuals involved, regardless of the vehicle, also have a valid reason to obtain the report.
- (I) A person under contract to provide claims or underwriting to a person described in sections (F), (G) or (H): This extends access to third-party administrators or companies contracted by insurance entities to handle claims or underwriting processes related to vehicle accidents.
Media and Legal Interests
- (J) A radio or television station that holds a license issued by the Federal Communications Commission: Recognizing the public interest in news and safety information, licensed broadcasters are granted access to crash reports.
- (K) A newspaper that is a free newspaper of general circulation or qualified under Section 2051.044, Government Code, to publish legal notices; published at least once a week; and available and of interest to the general public in connection with the dissemination of news: This category extends access to established newspapers that serve the public interest by reporting on news, including traffic incidents.
Legal Action Due to Fatality
- (L) Any person who may sue because of death resulting from the accident: In cases of fatal accidents, individuals who have grounds to file a lawsuit due to the death are granted access to the crash report. This is essential for legal proceedings and establishing facts in wrongful death claims.
Vehicle Storage Facilities
- (M) An employee or authorized representative of a vehicle storage facility, as defined by Section 2303.002, Occupations Code, that stored a vehicle involved in the accident. Vehicle storage facilities that store vehicles involved in crashes may need crash reports for inventory, legal, or operational purposes.
Alt text: A TxDOT truck is shown on a Texas highway, illustrating the agency responsible for crash reports. The photo includes a road sign, emphasizing the transportation context.
What If You Don’t Fit the Explicit Criteria?
For individuals or entities that do not fall into any of the categories (A) through (M) listed in Texas Transportation Code §550.065, TxDOT provides an avenue to explain how they believe they meet the criteria for “proper interest.” This allows for consideration of requests that might not fit neatly into the predefined categories but still warrant access to a crash report.
However, it’s important to note that if you do not meet any of the specified criteria, or if TxDOT does not find your explanation of “proper interest” sufficient, you will receive a redacted copy of the crash report. A redacted report will have certain personal information removed to protect privacy, such as names, addresses, and phone numbers of individuals involved in the crash. While a redacted report may still contain valuable information about the circumstances of the accident, it will lack personally identifiable details.
Obtaining Your Texas Crash Report
Understanding who is eligible to receive a Texas Department of Transportation crash report is the first step in the process. If you believe you fall into one of these categories, you can proceed with a written request to TxDOT, including the necessary fee. Be prepared to clearly state which category applies to you or, if necessary, explain your “proper interest” in the report. Having a clear understanding of these eligibility requirements can streamline the process of obtaining the information you need following a traffic incident in Texas.
