Motor vehicle collisions happen every day. According to data from the Texas Department of Transportation (TxDOT), there were an average of 1,440 reportable crashes per day in the state in 2021. In some cases, a motor vehicle accident could result in an arrest and a criminal charge. For example, if a driver is believed to be intoxicated, they may be arrested for a DWI.
This raises an important question: How is evidence from an accident scene used and analyzed in a drunk driving case? The short answer is that there is typically a comprehensive investigation and evaluation of all relevant evidence. Here, our Fort Worth criminal defense attorney explains how accident scene evidence is analyzed in a criminal case.
A Police Officer Will Likely Come to the Crash Scene and Write a Report
In Texas, any car accident that results in injuries or significant property damage must be reported to state or local law enforcement. If there is a significant crash, then a police officer will likely come directly to the scene of the crash. While they are at the accident site, the police officer is responsible for writing an accident report. They may also issue traffic citations and make arrests at this time.The police report for the accident is an important form of evidence in any related criminal case. If there are inaccuracies, they need to be challenged directly.
The Investigation and Accident Reconstruction Process
The police report is not the final say in any car accident caseincluding in cases that have resulted in a DWI arrest or other criminal charge. While the police report is an important form of evidence, all parties that have an interest in the crash have the right to conduct their own independent investigation. Accident reconstruction is complicated. It involves many different issues, such as:
- An assessment of the physics involved in the crash;
- Calculations of the estimated speed of the vehicles prior to and during the impact;
- An analysis of the skidmarks and other key details from the site of the collision;
- A comprehensive evaluation of the photographic evidence, including positioning of the cars;
- A review of the statements of the parties and any eyewitness accounts; and
- An analysis of the crash damage sustained by the vehicles.
The precise reasons how and why a collision occurred can have major implications for a criminal case. Of course, other forms of evidence, such as a breathalyzer test or a blood test, could also be a key form of evidence that needs to be dealt with in criminal proceedings.
Speak to a Fort Worth, TX Criminal Defense Lawyer Today
At The Law Office of Kyle Whitaker, our Texas criminal defense attorney has the professional skills and legal expertise that you can rely on. If you were arrested in relation to a motor vehicle accident, we can help. Contact us today for a fully private initial legal consultation. With a law office in Fort Worth, we provide criminal defense representation throughout all of North Texas.
