Should I fill out a Driver’s Crash Report or Blue Form (CR-2) after my car accident?
In the state of Texas, there are a few procedural things you must do after your car accident, including filing out the appropriate forms. The Texas Driver’s Crash Report (CR-2), which is known as the “blue form,” is one such requirement. However, there’s a lot more to it than that. Just know that this form may be a possibility in your case.
The form itself must be filled out if the following things occur in the accident:
- A law enforcement officer was not present–meaning that if a police officer did come out and document the accident, you do not have a responsibility to document via the blue form.
- There was an injury or death–if one of these events occurs, you must fill out a blue form.
- Or there was more than $1,000 worth of damage to either party’s property– this is pretty clear, but also know that even if there was no injury or death, if this value of damage was done, the car accident must be documented on a blue form.
Essentially, instead of a formal police accident being reported by an officer, this is the documentation that serves to explain how your accident went down: detailing the events that occurred prior to, during, and after the car accident or truck accident. Many times, police will encourage you to fill out a blue form. It can save an officer from visiting your car accident when they may be dispatched to another, more severe accident. While many people encourage you to complete a blue form, you should be cautious about submitting one without further advice from a knowledgeable attorney.
The Breakdown of a Blue Form
The form itself serves many purposes for all parties involved. Therefore, it is very thorough. When filling it out, you’ll have to complete all of the necessary sections:
- Location of the accident
- Date of the crash
- Vehicles involved
- Damage to all parties’ property
- Injuries sustained
- Driver’s statement
- Signature attesting to details written on form
The purpose of having all of these sections is to make sure every detail is accounted for after the accident. The only way to recovery is making sure all of your facts are straight and correct, and this form serves that function.
Regardless of intent, Blue Forms are often not very helpful.
In most cases, both parties will file a blue form and they become little more than written versions of “he said – she said.” There is nothing about the form that verifies the statements to be correct or accurate depictions of what happened. It is simply your statement versus the opposing party’s statement. In these kinds of cases, blue forms are generally not very helpful. When statements are reduced to this they provide very little assistance in determining fault.
Typically, the only time these blue forms are put to use is when they can be used against the person who wrote them. More often than not, blue forms are used by opposing parties, the court, and insurance companies as a way to try and prove that you are at fault. This finding could result in you not being properly compensated for your damages or could even cause you to reimburse another party for their loss.
Blue Forms often cause you more harm than good.
Everything that you write in a blue form is considered an official document and can be admitted into evidence at trial; it’s essentially a recorded statement. While this may occasionally help your case, in many instances, it can be incredibly detrimental. Frequently people make casual or silly mistakes when retelling a story. We often mix up the name of a person, or invert the numbers of an address or phone number. Anything that you write incorrectly on the blue form can be used against you by opposing parties or insurance companies. If you confuse what street you were driving on when you had your car accident, or if you simply write the incorrect speed you were driving at the time of the collision, the court or the insurance company can use this report as a voluntary admission on your part. A simple mistake like this would be extremely harmful in your case.
You should always consult an attorney before filing a blue form because the trial and insurance process is incredibly complex. If you are not experienced and knowledgeable about how different kinds of information are utilized in court proceedings, you could unknowingly create problems with your case. You need an experienced attorney who understands how each bit of evidence, including a blue form, can be used against you or in your favor.
Examples of How the Blue Form Can Be Used Against You
Additionally, you may write something down that is accurate, but unnecessary to the case ultimately damaging to your argument. For example, say you get in an accident while leaving a parking lot and note in your report that your car was hit when you were leaving Centennial Liquor Store located in that parking lot. The insurance company would see this as a way to claim that you may have been under the influence of alcohol based on your blue form admission. Frankly, where you were coming from was irrelevant, but the insurance company or defense counsel will spin this fact into proof that you were likely intoxicated, when in reality you were completely sober. Including the store in which you were coming from in no way benefits your claim and will easily be more detrimental to your recovery.
Or maybe you write that you were leaving the Kroger grocery store when someone hit your car in the parking lot. Often times in an investigation, insurance companies can access the reports from your “Kroger Plus Card.” Many people do not realize that this card not only gives you discounts when you purchase gas, but it also tracks and records all of your purchases made with that card. The trial court or the insurance company could then access your card, see that you purchased alcohol during that specific visit, and claim that you may have been inebriated when you were driving and, therefore, you were actually at fault.
Don’t risk your entire recovery on a blue form.
An admission like this in your blue form could be catastrophic to your case and cause the insurance company to be absolutely unrelenting. If you do choose to submit a blue form, you should always seek advice from a lawyer who is experienced with similar cases and can help you determine what would be the best action. If you have been involved or injured in an automobile accident, call Grossman Law Offices at (855) 326-0000 .