Read the officer opinion before drawing a conclusion

By Jacob Alford

Start with the unit, the column and the narrative before deciding what a number means. A contributing factor records the investigator’s opinion about a condition or conduct connected to the crash. It does not automatically establish a ticket, conviction, percentage of fault or court finding. TxDOT expressly distinguishes a factor opinion from proof sufficient to file a charge. CR-100, page 131.

• Match the entry to the unit. Identify the vehicle, pedestrian or other unit the row concerns. The manual recommends listing the motor vehicle considered the proximate cause as Unit 1 as a best practice, so unit order can reflect the investigator’s view. It still does not assign a percentage or replace the actual entries. Unit instructions, page 54.
• Read the column. Up to three Contributing entries are ranked primary, secondary and additional. Up to two May Have Contributed entries describe a present condition whose contribution the officer could not determine. Neither the rank nor the numeric code is a fault percentage. Column instructions, pages 132–136.
• Look up the complete label in the right list. Contributing factors use list 38. The same number can mean something different in another list. The crash report factor reference groups all 70 current contributing-factor values by the driving question they raise. Code sheet in the manual, page 20.
• Read the explanation and evidence. The narrative should explain the factor, even if information appears elsewhere. Ask what the officer observed, what a witness reported and what remains an inference. A vehicle can contribute without making contact. An arrest can occur even when the officer cannot determine whether the arrest-related condition contributed. Factor instructions, pages 136 and 143.

For example, running a stop sign may be listed before speeding if the officer considers it the primary factor. That order does not mean “70% versus 30%.” Civil responsibility still requires the evidence and applicable law discussed in responsibility and fault disputes. Use correcting a crash report for factual disagreements and supplements, and evidence held by someone else and records beyond the crash report for evidence beyond the report.

The same factor should not appear in both contribution columns for the same unit. Entries are filled in sequence. All factors found should be explained in the narrative. A completed investigation needs at least one contributing or may-have-contributed factor somewhere in the report, not necessarily against every unit. CR-100 pages 134–136, 143 and 160–161.

Questions this group helps answer:

• What is a contributing factor?
• What is the difference between Contributing and May Have Contributed?
• Does the first factor mean the driver is mostly at fault?
• Can an officer assign a factor without issuing a ticket?
• Can someone be arrested without the arrest-related condition having caused the crash?
• Why can a vehicle that did not touch mine still have a factor?

Attorney reviewed by Jacob Alford · November 11, 2026