If you have been in a car accident in Texas, proving you were not at fault is crucial for obtaining compensation for your injuries, vehicle damage, and other losses.
Fault determination impacts everything from insurance claims to lawsuits. You should know Texas fault laws and how to build a case demonstrating the other driver was responsible.
Keep reading to learn more about fault in a car accident case.
Proving Fault in a Texas Car Accident Case
Determining who is at fault is the most important part of a car accident claim. It is important to understand how to fight fault in a Texas car accident. Doing so establishes who will be liable for paying for your medical bills from car accident injuries, property damage resulting from the car accident, and other damages such as lost wages. You will need to gather information to show the other driver was negligent.
To prove fault in a Texas car accident case, you must be able to do so by what is called a preponderance of the evidence, which means you need to prove your version is more likely correct than the other party’s. This is done by establishing negligence on the part of the allegedly at-fault driver by showing these four elements:
- The other driver owed you a duty of care to drive safely and avoid accidents.
- They breached their duty of care to you as a fellow driver by engaging in a negligent or reckless action or by failing to act.
- You have injuries and property damage caused by their failure to uphold their duty.
- You have expenses from your damages that must be repaid.
Using Evidence to Prove Negligence: Negligent Actions Lead to Car Accidents
Your actions immediately following a car accident form the foundation for later contesting fault and liability. Here are key steps to take at the scene:
- Remain at the scene and call 911 to report the incident. Leaving the scene of an auto accident can count against you fault-wise if the other driver alleges hit-and-run.
- Take several photos proving damage to both vehicles, skid marks on the roadway, debris from the impact, injuries sustained, and anything relevant to how the crash occurred. Be sure to take wide shots of the entire scene and close-ups of damage and evidence details.
- Make an effort to get contact information for any witnesses who saw the car accident, and ask them to write down a statement of what they observed while it’s still fresh in their minds. Eyewitness accounts can strengthen your case even more.
- If you have a dash cam in your vehicle, share the video footage it captured showing the accident occurring. Also, check for any nearby business or traffic security cameras with footage, as you or your attorney can subpoena it.
- When providing your official statement to police officers on the scene, report as many specific details about how the crash happened as you can accurately recall, but avoid admitting any fault.
- Obtain a copy of the police report containing the responding officers’ assessments of major factors and likely fault determinations based on road evidence and witness statements. If you work with a Texas car accident lawyer, they can obtain it for you.
- Seek medical evaluation and treatment as soon as possible after the accident, even if you feel fine initially. Your medical records will help document any injuries caused by the collision.
Establishing that the other driver engaged in negligence also means you need evidence they engaged in careless or intentional actions that breached their duty of care to you. These behaviors include the following:
- Aggressive or emotional driving (sometimes called road rage)
- Distracted driving
- Driving recklessly
- Driving under the influence of drugs or alcohol
- Drowsy driving
- Failing to drive more carefully in poor weather conditions
- Failing to maintain their vehicle, leading to brake failure or other malfunctions
- Ignoring traffic laws
- Speeding
Once you establish their negligence, you must show that the negligent act is what directly caused your damages and that this was a foreseeable result of their behavior. Your attorney will use sources such as accident reconstruction specialists to testify about the cause and effects of the negligent actions. They will present evidence showing how the greater amount of fault lies on the shoulders of the other driver.
How to Dispute Fault in a Car Accident Case
If someone else is trying to blame you for a car accident they caused, you should dispute it right from the start at the scene of the accident. You take steps similar to those you’d take after any collision, but you do so with an eye toward proving you were not at fault. Some important ways to start protecting your claim right after the crash include:
- Do not admit fault or say you’re sorry.
- Ask for the other driver’s name, contact information, and insurance details.
- Call 911 and ask for the police and an ambulance.
- Take photos of your injuries, the vehicles, the road, the weather, and anything that contributed to the crash.
- Only share your contact and insurance details with the other driver.
- Do not engage in small talk with anyone.
- Ask for a medical evaluation by paramedics, even if you feel fine.
- Don’t discuss your injuries or that you feel ok with the other driver.
- Give your statement to the police officers attending the scene.
- Ask witnesses for their contact details so your car accident lawyer can interview them.
- Call an attorney right away for a free consultation to begin pursuing your case.
Whether you are evaluated at the scene or not, it’s crucial to see your doctor for a full examination within 24 to 48 hours after the auto accident. This establishes a link between your injuries and the crash, and it protects your health since some conditions don’t appear right away. If you wait, the insurance company may claim you were hurt by something other than the accident.
Disputing the Insurance Company’s Fault Finding
After investigating the accident, the insurance company will make an initial liability decision assigning percentages of fault between the drivers. Before accepting their determination, carefully evaluate their reasoning and evidence for errors, faulty assumptions, bias, or lack of comprehensive data.
Insurance companies have a financial incentive to assign partial or full fault to a victim filing a claim whenever they can credibly do so. If the insurer’s decision seems questionable or unfairly stacks most or all fault against you, take proactive steps to dispute it, such as:
- Submitting a formal letter contesting liability that explains in detail why you believe you were not at fault (or not as much at fault as alleged). Cite relevant state laws and back up assertions with evidence.
- Providing supplementary evidence the insurer may lack, such as more comprehensive witness statements, additional photos, and crash reconstruction analysis that supports your version of events.
- Identifying inconsistencies, omissions, errors, or lack of physical evidence in their investigation findings.
- Requesting the insurer conduct a more thorough investigation if the initial one seems insufficient – this may involve reinterviewing witnesses and hiring specialized experts to analyze evidence.
- Escalating the dispute to a supervisor at the insurance company if the adjuster handling your claim refuses to reconsider their liability decision.
- Being prepared to formally present your case in court if you reach an issue with the insurer and cannot reach an agreeable settlement through negotiations.
Using Legal Options to Challenge Fault
For more serious car accidents with large damages, consulting an experienced car accident attorney can help assess if it is advisable to pursue compensation beyond just insurance claims by filing a lawsuit against the at-fault driver. The laws impacting fault arguments in a lawsuit include:
Negligence laws: Your attorney can help gather convincing evidence and make arguments showing how the other driver’s actions behind the wheel objectively constituted negligent (careless or reckless) behavior under the specific circumstances, directly causing the auto accident and resulting injuries.
Reckless driving laws: Official police reports, crash scene photos and videos, and eyewitness accounts can often prove the at-fault motorist was driving recklessly by speeding, making illegal turns, running red lights, driving while intoxicated, or other types of distracted driving.
Vicarious liability laws: In accidents caused by someone driving for commercial purposes, their employer can be held liable as well. This potentially widens the sources that compensation can come from.
Strict liability laws: Trucking companies and other commercial drivers are often subject to strict liability standards, which makes them automatically at fault for roadway accidents they cause, regardless of negligence.
Using Accident Reconstruction Experts
Retaining respected specialty experts in accident reconstruction can powerfully strengthen a contested liability case. These experts objectively analyze physical evidence from the crash scene, conduct reenactments, use simulations, and apply scientific principles to reach conclusions on accident causation and fault probabilities. Areas an accident reconstructionist will focus on include:
- Vehicle damage patterns that demonstrate the direction of impact forces and how the collision occurred.
- Skid mark analysis revealing pre-impact speeds, quickness of braking reactions, the trajectory of the vehicles, and more.
- Sight lines of each driver leading up to impact, taking into account potential visual obstructions.
- A time motion analysis of the movements and positions of each vehicle in the seconds leading up to the crash.
- Assessment of human factors such as impairment, distraction, or negligent behavior by either driver.
Thorough forensic accident reconstruction illustrates how the specific actions and choices of the other driver led to the collision. It can powerfully counter claims by insurance companies disputing fault or attempting to shift partial blame to the victim.
A preponderance of the evidence means that not only is your evidence more convincing, but there is also more of it. You can never have too much good documentation when you are going against insurance companies and defense attorneys for the other driver. When it comes to collecting evidence to show negligence, your car crash attorney may use items such as:
- Accident scene photos
- Auto repair or replacement estimates
- Expert testimony
- Insurance company investigative documents
- Medical records and bills
- Police report
- Traffic citations
- Traffic laws and safety standards that may have been violated
- Vehicle damage
- Video from security, traffic, dashcam, and cellphone cameras
- Witness testimony
A competent car crash lawyer and their legal team will analyze the evidence and build a compelling narrative about what happened. They will use professional presentation techniques to negotiate with insurance representatives and secure the maximum compensation available. If your case moves to a jury trial, your attorney will work to convince the jury that you deserve justice and a full award for your damages.
Insurance Companies Are Not on Your Side
If someone else is trying to blame you for a car accident they caused, you should dispute it right from the start at the scene of the accident. If an insurance company finds you at fault, tell them you disagree over the phone and in writing, but be brief with your words. Work with an attorney to help you draft the correspondence.
The reason you must be careful is that insurance companies are not on your side, and they are always looking for evidence of fraudulent claims. They suspect everyone, but they are also trying to reduce what they are required to pay you. If they can cast enough doubt that your injuries are real, they will claim the right to give you a lower settlement.
Even just voicing your own disagreement could change things and lead to an additional investigation. However, it’s vital to be consistent because it shows a continuous record of you maintaining you were not the cause of the car accident.
When Other Parties Are Also Liable
Although most car accidents come down to two or more drivers who are arguing over which one is at fault, it’s important to recognize that other parties can also be found liable for your crash. For example, if a repair shop failed to properly repair a driver’s brakes, leading to a malfunction that caused them to rear-end your vehicle, the shop’s owners could be found at fault.
Another example might be when a person moving furniture in their pickup truck fails to secure their cargo. If it falls off and causes a wreck, they could be held responsible and be compelled to pay for the resulting damages. This is when conducting a thorough investigation of the event is important to ensure the right parties – and all of the liable parties – are held accountable.
One of the biggest jobs for your car accident attorney will be investigating all the aspects of your crash to identify all potentially liable parties. They can then begin compiling the evidence needed to establish who is at fault and should pay for your damages. Because this work is so time-consuming and varies from case to case, it’s critical that you schedule a free consultation with an experienced Texas car accident lawyer as soon as possible after the crash.
Texas Fault and Liability Laws
Texas follows traditional tort law for auto accidents, meaning the at-fault driver who caused the crash can be liable for damages. Texas utilizes a “comparative fault” system for calculating compensation owed to an injured victim. Under this system, any damages awarded to the victim are reduced based on their percentage of fault for the accident. This means that even if you were partially at fault for the collision, you can still potentially recover compensation, just a lesser amount.
What Is Comparative Fault?
Texas is a “modified comparative fault” state. This means the victim cannot collect any damages if they were 51% or more responsible for causing the accident. So, it is crucial to build a case focused on evidence and arguments showing the other driver’s primary fault. The at-fault driver’s insurance company will investigate the accident and make an initial liability decision, assigning percentages of fault.
However, you should not simply accept their determination. You must evaluate it carefully and challenge any finding that seems incorrect or unfair. It’s not as simple as it might seem. Why?
Texas uses modified comparative fault or proportionate responsibility to award damages, which means that each party pays the portion of the damages for which they are legally liable.
This means that you may be limited in what you can receive in compensation if you played a part in the accident. Texas’s interpretation of modified comparative fault uses a 51% rule. If you are found to be 51% or more responsible for causing the car accident, you are barred from recovering any damages at all. You will be in an especially difficult financial situation if you are hit by an uninsured driver or involved in a hit-and-run accident.
The important thing to know about comparative fault is that the other driver’s attorney will try very hard to push as much of the blame onto you as they can. In addition, these legal nuances show the complexities that can surround a contested car accident case. That’s why you should consult with an experienced car accident lawyer before trying to fight such a claim on your own.
Understanding Contested Car Accidents in Texas
If more than one car is involved in a crash, the parties often debate over who caused the collision and what happened during the accident. Additionally, if three or more vehicles were involved in the accident, determining fault becomes even more complicated. When two or more parties cannot agree on who caused a crash, a car accident case is considered contested.
According to the Texas Department of Insurance, Texas is an at-fault state when it comes to liability for car accidents. This means you are eligible to file a claim against the driver who is found at fault for the crash. They are responsible for paying the costs of your injuries and car accident property damage. If they push back against your claim, it is considered a contested car accident case.
If you aren’t able to negotiate an out-of-court settlement with the insurance company – which will have a much higher chance of success if you work with an experienced personal injury lawyer – you may need to file a personal injury lawsuit with the help of an attorney.
This not only allows you the chance to receive compensation for your medical bills and auto repair, but it also lets you request payment for your pain and suffering, which insurance policies typically don’t cover.
Learn More About Determining Fault in Texas Car Accident Cases
The key to success in a car accident lawsuit is consistency, experience, and robust proof. This is when the strength, quality, and quantity of your evidence become vital to winning your case. When you are recovering from your injuries, it can be frustrating and overwhelming to spend your time trying to build the case you need without skilled guidance.
If you do decide to dispute a fault-finding after a car accident, know that insurance companies take lawyers more seriously than claimants without counsel. The chances of being ignored or bullied by an insurer are much higher if you try to resolve the issues surrounding a car accident on your own, especially if the insurer believes it has sufficient evidence to blame you for the crash. If you were injured and need help with a contested car accident case, contact our car accident attorneys in Pearland at J.D. Silva & Associates today for more information about your legal options and how we can help.