CHAPTER 550. ACCIDENTS AND ACCIDENT REPORTS - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE C. RULES OF THE ROAD

CHAPTER 550. ACCIDENTS AND ACCIDENT REPORTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 550.001. APPLICABILITY OF CHAPTER. This chapter applies

only to:

(1) a road owned and controlled by a water control and

improvement district;

(2) a private access way or parking area provided for a client

or patron by a business, other than a private residential

property, or the property of a garage or parking lot for which a

charge is made for storing or parking a motor vehicle; and

(3) a highway or other public place.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER B. DUTIES FOLLOWING ACCIDENT

Sec. 550.021. ACCIDENT INVOLVING PERSONAL INJURY OR DEATH. (a)

The operator of a vehicle involved in an accident resulting in

injury to or death of a person shall:

(1) immediately stop the vehicle at the scene of the accident or

as close to the scene as possible;

(2) immediately return to the scene of the accident if the

vehicle is not stopped at the scene of the accident; and

(3) remain at the scene of the accident until the operator

complies with the requirements of Section 550.023.

(b) An operator of a vehicle required to stop the vehicle by

Subsection (a) shall do so without obstructing traffic more than

is necessary.

(c) A person commits an offense if the person does not stop or

does not comply with the requirements of this section. An

offense under this section:

(1) involving an accident resulting in death of or serious

bodily injury, as defined by Section 1.07, Penal Code, to a

person is a felony of the third degree; and

(2) involving an accident resulting in injury to which

Subdivision (1) does not apply is punishable by:

(A) imprisonment in the Texas Department of Criminal Justice for

not more than five years or confinement in the county jail for

not more than one year;

(B) a fine not to exceed $5,000; or

(C) both the fine and the imprisonment or confinement.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

97, Sec. 2, eff. September 1, 2007.

Sec. 550.022. ACCIDENT INVOLVING DAMAGE TO VEHICLE. (a) Except

as provided by Subsection (b), the operator of a vehicle involved

in an accident resulting only in damage to a vehicle that is

driven or attended by a person shall:

(1) immediately stop the vehicle at the scene of the accident or

as close as possible to the scene of the accident without

obstructing traffic more than is necessary;

(2) immediately return to the scene of the accident if the

vehicle is not stopped at the scene of the accident; and

(3) remain at the scene of the accident until the operator

complies with the requirements of Section 550.023.

(b) If an accident occurs on a main lane, ramp, shoulder,

median, or adjacent area of a freeway in a metropolitan area and

each vehicle involved can be normally and safely driven, each

operator shall move the operator's vehicle as soon as possible to

a designated accident investigation site, if available, a

location on the frontage road, the nearest suitable cross street,

or other suitable location to complete the requirements of

Section 550.023 and minimize interference with freeway traffic.

(c) A person commits an offense if the person does not stop or

does not comply with the requirements of Subsection (a). An

offense under this subsection is:

(1) a Class C misdemeanor, if the damage to all vehicles is less

than $200; or

(2) a Class B misdemeanor, if the damage to all vehicles is $200

or more.

(c-1) A person commits an offense if the person does not comply

with the requirements of Subsection (b). An offense under this

subsection is a Class C misdemeanor.

(d) In this section, a vehicle can be normally and safely driven

only if the vehicle:

(1) does not require towing; and

(2) can be operated under its own power and in its usual manner,

without additional damage or hazard to the vehicle, other

traffic, or the roadway.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

1066, Sec. 1, eff. September 1, 2005.

Sec. 550.023. DUTY TO GIVE INFORMATION AND RENDER AID. The

operator of a vehicle involved in an accident resulting in the

injury or death of a person or damage to a vehicle that is driven

or attended by a person shall:

(1) give the operator's name and address, the registration

number of the vehicle the operator was driving, and the name of

the operator's motor vehicle liability insurer to any person

injured or the operator or occupant of or person attending a

vehicle involved in the collision;

(2) if requested and available, show the operator's driver's

license to a person described by Subdivision (1); and

(3) provide any person injured in the accident reasonable

assistance, including transporting or making arrangements for

transporting the person to a physician or hospital for medical

treatment if it is apparent that treatment is necessary, or if

the injured person requests the transportation.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 550.024. DUTY ON STRIKING UNATTENDED VEHICLE. (a) The

operator of a vehicle that collides with and damages an

unattended vehicle shall immediately stop and:

(1) locate the operator or owner of the unattended vehicle and

give that person the name and address of the operator and the

owner of the vehicle that struck the unattended vehicle; or

(2) leave in a conspicuous place in, or securely attach in a

plainly visible way to, the unattended vehicle a written notice

giving the name and address of the operator and the owner of the

vehicle that struck the unattended vehicle and a statement of the

circumstances of the collision.

(b) A person commits an offense if the person violates

Subsection (a). An offense under this section is:

(1) a Class C misdemeanor, if the damage to all vehicles

involved is less than $200; or

(2) a Class B misdemeanor, if the damage to all vehicles

involved is $200 or more.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 550.025. DUTY ON STRIKING FIXTURE OR HIGHWAY LANDSCAPING.

(a) The operator of a vehicle involved in an accident resulting

only in damage to a fixture or landscaping legally on or adjacent

to a highway shall:

(1) take reasonable steps to locate and notify the owner or

person in charge of the property of the accident and of the

operator's name and address and the registration number of the

vehicle the operator was driving;

(2) if requested and available, show the operator's driver's

license to the owner or person in charge of the property; and

(3) report the accident if required by Section 550.061.

(b) A person commits an offense if the person violates

Subsection (a). An offense under this section is:

(1) a Class C misdemeanor, if the damage to all fixtures and

landscaping is less than $200; or

(2) a Class B misdemeanor, if the damage to all fixtures and

landscaping is $200 or more.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 550.026. IMMEDIATE REPORT OF ACCIDENT. (a) The operator

of a vehicle involved in an accident resulting in injury to or

death of a person or damage to a vehicle to the extent that it

cannot be normally and safely driven shall immediately by the

quickest means of communication give notice of the accident to

the:

(1) local police department if the accident occurred in a

municipality;

(2) local police department or the sheriff's office if the

accident occurred not more than 100 feet outside the limits of a

municipality; or

(3) sheriff's office or the nearest office of the department if

the accident is not required to be reported under Subdivision (1)

or (2).

(b) If a section of road is within 100 feet of the limits of

more than one municipality, the municipalities may agree

regarding the maintenance of reports made under Subsection

(a)(2). A county may agree with municipalities in the county

regarding the maintenance of reports made under Subsection

(a)(2). An agreement under this subsection does not affect the

duty to report an accident under Subsection (a).

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER C. INVESTIGATION OF ACCIDENT

Sec. 550.041. INVESTIGATION BY PEACE OFFICER. (a) A peace

officer who is notified of a motor vehicle accident resulting in

injury to or death of a person or property damage to an apparent

extent of at least $1,000 may investigate the accident and file

justifiable charges relating to the accident without regard to

whether the accident occurred on property to which this chapter

applies.

(b) This section does not apply to:

(1) a privately owned residential parking area; or

(2) a privately owned parking lot where a fee is charged for

parking or storing a vehicle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 531, Sec. 1, eff. Sept. 1,

2001.

SUBCHAPTER D. WRITTEN ACCIDENT REPORT

Sec. 550.0601. DEFINITION. In this subchapter, "department"

means the Texas Department of Transportation.

Added by Acts 2007, 80th Leg., R.S., Ch.

1407, Sec. 2, eff. September 1, 2007.

Sec. 550.061. OPERATOR'S ACCIDENT REPORT. (a) The operator of

a vehicle involved in an accident shall make a written report of

the accident if the accident is not investigated by a law

enforcement officer and the accident resulted in injury to or the

death of a person or damage to the property of any one person to

an apparent extent of $1,000 or more.

(b) The report required by Subsection (a) must be filed with the

department not later than the 10th day after the date of the

accident.

(c) A person commits an offense if the person does not file the

report with the department as required by this section.

(d) Venue for the prosecution of an offense under this section

is in the county in which the accident occurred.

(e) The department may require:

(1) the operator of a vehicle involved in an accident in which a

report is required by this section to file a supplemental report

if the department considers the original report insufficient; and

(2) a witness of an accident to make a report with the

department.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 531, Sec. 2, eff. Sept. 1,

2001.

Sec. 550.062. OFFICER'S ACCIDENT REPORT. (a) A law enforcement

officer who in the regular course of duty investigates a motor

vehicle accident shall make a written report of the accident if

the accident resulted in injury to or the death of a person or

damage to the property of any one person to the apparent extent

of $1,000 or more.

(b) The report required by Subsection (a) must be filed with the

department not later than the 10th day after the date of the

accident.

(c) This section applies without regard to whether the officer

investigates the accident at the location of the accident and

immediately after the accident or afterwards by interviewing

those involved in the accident or witnesses to the accident.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 531, Sec. 3, eff. Sept. 1,

2001.

Sec. 550.063. REPORT ON APPROPRIATE FORM. The form of all

written accident reports must be approved by the department and

the Department of Public Safety. A person who is required to file

a written accident report shall report on the appropriate form

and shall disclose all information required by the form unless

the information is not available.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1407, Sec. 3, eff. September 1, 2007.

Sec. 550.064. ACCIDENT REPORT FORMS. (a) The department shall

prepare and when requested supply to police departments,

coroners, sheriffs, garages, and other suitable agencies or

individuals the accident report forms appropriate for the persons

required to make a report and appropriate for the purposes to be

served by those reports.

(b) An accident report form prepared by the department must:

(1) require sufficiently detailed information to disclose the

cause and conditions of and the persons and vehicles involved in

an accident if the form is for the report to be made by a person

involved in or investigating the accident;

(2) include a way to designate and identify a peace officer,

firefighter, or emergency medical services employee who during an

emergency is involved in an accident while driving a law

enforcement vehicle, fire department vehicle, or emergency

medical services vehicle while performing the person's duties;

(3) require a statement by a person described by Subdivision (2)

as to the nature of the emergency; and

(4) include a way to designate whether an individual involved in

an accident wants to be contacted by a person seeking to obtain

employment as a professional described by Section 38.01(12),

Penal Code.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 750, Sec. 3, eff. Sept. 1,

1997.

Sec. 550.065. RELEASE OF CERTAIN INFORMATION RELATING TO

ACCIDENTS. (a) This section applies only to information that is

held by the department or another governmental entity and relates

to a motor vehicle accident reported under this chapter or

Section 601.004, including accident report information compiled

under Section 201.805, as added by Chapter 1407 (S.B. 766), Acts

of the 80th Legislature, Regular Session, 2007.

(b) Except as provided by Subsection (c) or (e), the information

is privileged and for the confidential use of:

(1) the department; and

(2) an agency of the United States, this state, or a local

government of this state that has use for the information for

accident prevention purposes.

(c) On written request and payment of any required fee, the

department or the governmental entity shall release the

information to:

(1) an entity described by Subsection (b);

(2) the law enforcement agency that employs the peace officer

who investigated the accident and sent the information to the

department;

(3) the court in which a case involving a person involved in the

accident is pending if the report is subpoenaed; or

(4) a person who provides the department or governmental entity

with two or more of the following:

(A) the date of the accident;

(B) the specific address or the highway or street where the

accident occurred; or

(C) the name of any person involved in the accident.

(d) The fee for a copy of the accident report is $6. The copy

may be certified by the department or the governmental entity for

an additional fee of $2. The department or the governmental

entity may issue a certification that no report or information is

on file for a fee of $6.

(e) In addition to the information required to be released under

Subsection (c), the department may release:

(1) information relating to motor vehicle accidents that the

department compiles under Section 201.805, as added by Chapter

1407 (S.B. 766), Acts of the 80th Legislature, Regular Session,

2007; or

(2) a vehicle identification number and specific accident

information relating to that vehicle.

(f) The department:

(1) may not release under Subsection (e) information that:

(A) is personal information, as defined by Section 730.003; or

(B) would allow a person to satisfy the requirements of

Subsection (c)(4) for the release of information for a specific

motor vehicle accident; and

(2) shall withhold or redact the following items of information:

(A) the first, middle, and last name of any person listed in an

accident report, including a vehicle driver, occupant, owner, or

lessee, a bicyclist, a pedestrian, or a property owner;

(B) the number of any driver's license, commercial driver's

license, or personal identification certificate issued to any

person listed in an accident report;

(C) the date of birth, other than the year, of any person listed

in an accident report;

(D) the address, other than zip code, and telephone number of

any person listed in an accident report;

(E) the license plate number of any vehicle listed in an

accident report;

(F) the date of any accident, other than the year;

(G) the name of any insurance company listed as a provider of

financial responsibility for a vehicle listed in an accident

report;

(H) the number of any insurance policy issued by an insurance

company listed as a provider of financial responsibility;

(I) the date the peace officer who investigated the accident was

notified of the accident;

(J) the date the investigating peace officer arrived at the

accident site;

(K) the date the investigating officer's report was prepared;

(L) the badge number or identification number of the

investigating officer;

(M) the date on which any person who died as a result of the

accident died;

(N) the date of any commercial motor vehicle report; and

(O) the place where any person injured or killed in an accident

was taken and the person or entity that provided the

transportation.

(g) The amount that may be charged for information provided

under Subsection (e) shall be calculated in the manner specified

by Chapter 552, Government Code, for public information provided

by a governmental body under that chapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.125(a), eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1187, Sec. 13, eff.

Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1032, Sec. 5, eff. Sept.

1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

470, Sec. 1, eff. June 19, 2009.

Sec. 550.066. ADMISSIBILITY OF CERTAIN ACCIDENT REPORT

INFORMATION. An individual's response to the information

requested on an accident report form as provided by Section

550.064(b)(4) is not admissible evidence in a civil trial.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 550.067. MUNICIPAL AUTHORITY TO REQUIRE ACCIDENT REPORTS.

(a) A municipality by ordinance may require the operator of a

vehicle involved in an accident to file with a designated

municipal department:

(1) a report of the accident, if the accident results in injury

to or the death of a person or the apparent total property damage

is $25 or more; or

(2) a copy of a report required by this chapter to be filed with

the department.

(b) A report filed under Subsection (a) is for the confidential

use of the municipal department and subject to the provisions of

Section 550.065.

(c) A municipality by ordinance may require the person in charge

of a garage or repair shop where a motor vehicle is brought if

the vehicle shows evidence of having been involved in an accident

requiring a report to be filed under Section 550.061 or 550.062

or shows evidence of having been struck by a bullet to report to

a department of the municipality within 24 hours after the garage

or repair shop receives the motor vehicle, giving the engine

number, registration number, and the name and address of the

owner or operator of the vehicle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 550.068. CHANGING ACCIDENT REPORT. (a) Except as provided

by Subsection (b), a change in or a modification of a written

report of a motor vehicle accident prepared by a peace officer or

the operator of a vehicle involved in an accident that alters a

material fact in the report may be made only by the peace officer

or person who prepared the report.

(b) A change in or a modification of the written report of the

accident may be made by a person other than the peace officer or

the operator of the vehicle if:

(1) the change is made by a written supplement to the report;

and

(2) the written supplement clearly indicates the name of the

person who originated the change.

Added by Acts 1997, 75th Leg., ch. 214, Sec. 1, eff. Sept. 1,

1997.

SUBCHAPTER E. OTHER REPORTS

Sec. 550.081. REPORT OF MEDICAL EXAMINER OR JUSTICE OF THE

PEACE. (a) In this section:

(1) "Department" means the Texas Department of Transportation.

(2) "Bridge collapse" means the abrupt failure of the basic

structure of a bridge that impairs the ability of the bridge to

serve its intended purpose and that damages a highway located on

or under the structure.

(b) A medical examiner or justice of the peace acting as coroner

in a county that does not have a medical examiner's office or

that is not part of a medical examiner's district shall submit a

report in writing to the department of the death of a person that

was the result of a traffic accident or bridge collapse:

(1) to which this chapter applies; and

(2) that occurred within the jurisdiction of the medical

examiner or justice of the peace in the preceding calendar

quarter.

(c) The report must be submitted before the 11th day of each

calendar month and include:

(1) the name of the deceased and a statement as to whether the

deceased was:

(A) the operator of or a passenger in a vehicle involved in the

accident; or

(B) a pedestrian or other nonoccupant of a vehicle;

(2) the date of the accident and the name of the county in which

the accident occurred, and, if a bridge collapse, the location of

the bridge in that county;

(3) the name of any laboratory, medical examiner's office, or

other facility that conducted toxicological testing relative to

the deceased; and

(4) the results of any toxicological testing that was conducted.

(d) A report required by this section shall be sent to:

(1) the crash records bureau of the department at its

headquarters in Austin; or

(2) any other office or bureau of the department that the

department designates.

(e) If toxicological test results are not available to the

medical examiner or justice of the peace on the date a report

must be submitted, the medical examiner or justice shall:

(1) submit a report that includes the statement "toxicological

test results unavailable"; and

(2) submit a supplement to the report that contains the

information required by Subsections (c)(3) and (4) as soon as

practicable after the toxicological test results become

available.

(f) The department shall prepare and when requested supply to

medical examiners' offices and justices of the peace the forms

necessary to make the reports required by this section.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

74, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1407, Sec. 4, eff. September 1, 2007.

Reenacted and amended by Acts 2009, 81st Leg., R.S., Ch.

522, Sec. 2, eff. September 1, 2009.