In Texas, fault in a car accident is determined by investigating police reports, witness statements, and evidence of traffic law violations to determine which driver‘s negligence more likely caused the collision. Texas follows a fault-based system for car accidents, meaning the at-fault driver is financially responsible for damages.
Texas also follows the doctrine of comparative negligence, which means some of the fault can lie with any or all of the parties involved. Determining fault in a car accident in Texas can be a complex process, but understanding the basics can help you through the aftermath more effectively.
If you’ve been in an accident and are unsure about liability, a Texas personal injury lawyer can guide you through the process.
Texas is a Comparative Negligence State
In Texas, fault in car accidents is determined under a modified comparative negligence rule. This means that you can recover damages for your losses as long as your share of fault is less than 51%. However, your compensation is adjusted based on the percentage of fault assigned to you.
For example, if you are found to be 20% at fault for an accident and your total damages amount to $10,000, your compensation will be reduced by 20%. In this case, you would receive $8,000 instead of the full $10,000.
This rule allows injured parties to recover damages even if they share some responsibility for the accident, as long as their fault does not exceed 50%. However, if you are found to be 51% or more at fault, you are barred from recovering any compensation.
Why Fault in a Texas Car Accident Matters
Fault determination is one of the most critical aspects of resolving a car accident claim in Texas. Why? Because Texas follows a fault-based system, meaning the at–fault driver (and their insurance) is responsible for covering damages.
These damages can include medical bills, property repairs, lost wages, and even compensation for pain and suffering. Without a clear determination of fault, you may face unnecessary delays in receiving the financial support you need to recover.
When fault is disputed, insurance companies may try to shift blame or minimize their liability, which could result in a lower settlement or no settlement at all. This can be especially stressful when you’re already dealing with injuries, vehicle repairs, and other consequences of the accident.
(310) 526-8383Evidence Needed to Determine Fault
To determine fault in a car accident, various types of evidence are carefully reviewed, including:
- Police Reports: Officers typically document their observations and may assign fault in their reports.
- Witness Statements: Eyewitnesses can provide valuable accounts of how the accident occurred.
- Traffic Laws: Violations, such as running a red light or speeding, can be used to establish fault.
- Accident Scene Evidence: Photos, skid marks, road conditions, and vehicle damage help reconstruct what happened.
- Dashcam or Surveillance Footage: Video evidence can offer clear insights into the events leading up to the collision.
An experienced attorney can play a crucial role in gathering and preserving this evidence. We can obtain footage, review police reports, interview witnesses, and consult with experts like accident reconstruction specialists.
This helps to ensure that no critical details are overlooked, strengthening your case and helping to establish fault effectively.
Insurance Company Investigations
Insurance companies play a significant role in determining fault in Texas car accidents. Their teams carefully review evidence. They may also interview the parties involved to piece together what happened.
In more complex cases, insurers might even hire accident reconstruction experts to evaluate the scene and provide a professional analysis of how the collision occurred. While this process seems thorough, it’s important to remember that insurance companies are businesses. Their primary goal is to protect their bottom line, which often means minimizing payouts.
As a result, their conclusions about fault may not always align with your perspective or the available evidence. An experienced Texas car accident attorney can challenge unfair determinations and ensure your rights are protected every step of the way.
Determining Fault in a Texas Car Accident
Determining fault in a Texas car accident can be a complex process that requires a thorough investigation and a clear understanding of state laws. Fault plays a critical role in car accident claims because it directly impacts your ability to recover compensation for medical bills, property damage, lost wages, and other expenses.
That’s where legal guidance can make all the difference. The lawyers at Omega Law Group Accident & Injury Attorneys are dedicated to helping you protect your rights. We’ll carefully evaluate the evidence, negotiate with insurers, and advocate for the compensation you deserve.
If you’re dealing with the aftermath of a car accident in Texas, don’t face it alone. Contact Omega Law Group today for a free consultation, and let us help you move forward confidently.
