Sep 1

How is Fault Determined in Texas Car Accidents?

by Tate Law Offices, P.C.Auto Accidents

What you should do after an accident

Whether you are in a car accident in Dallas, Fort Worth, Houston or anywhere else in Texas, you need to know this: The insurance company will not be on your side.

An insurance adjuster might sound like he or she wants to help with your case. However, you must remember that the insurance company is looking out for its own interests – not yours.

If you discuss the crash with an auto insurer, the insurer can use your statements against you at a later date. You can give the insurer a reason to deny your claim.

In particular, you should never discuss who is at fault in an accident with the insurer. Fault is something that can only be determined after a careful process and a detailed investigation by skilled professionals.

If you need to report your auto accident to your insurer – most policies require it, regardless of who was at fault – then provide only facts and do not discuss fault. If the other party’s insurer contacts you, simply refer the insurer to your lawyer.  Better yet, let us handle all communications for you in order to protect you from having your claim denied or minimized.

Who is at Fault in a Car Accident in Texas

Many types of evidence can be used to determine fault in a Texas car accident. Common types of evidence that can come into play in an auto accident claim, including evidence that you can help to collect, are:

Photographs of damage
Photographs of damage – At the scene of the accident, it is extremely important to take photographs of everything and from many different vantage points. If possible, take pictures of damage to all vehicles involved in the crash. You should also take photographs of injuries and gets shots of the roadway around where the collision occurred. This evidence can be extremely useful in proving that the other driver was at fault.
Witness statements
Witness statements – After an accident, you should get names and phone numbers from any witnesses so that your attorney can speak with those witnesses at a later date. The police might also obtain witness statements and can include valuable information in a police report that may help to demonstrate fault.
Medical records
Medical records – It is important to seek medical attention as soon as possible after a car accident. If you need assistance in getting medical care we are glad to help you. Your medical records can help to demonstrate the severity of your injuries and can play a role in proving another party’s fault.

Accident reconstruction
Accident reconstruction – One of the reasons it is so important to take photographs of the area around the crash is so an accident reconstruction expert can piece together how the crash happened – if the case warrants the use of such expert. Accident reconstruction experts can be essential when it comes to showing an insurance company or a jury that the other driver was at fault for the collision.

Settlement Negotiations for At fault Accidents in Texas

After your auto accident lawyer gathers and analyzes evidence of the other driver’s fault, submits a settle demand, you will probably find yourself in one of the following scenarios after an accident:

  • The other driver’s insurance company admits fault and makes a reasonable settlement offer
  • The other driver’s insurance company admits fault but refuses to make a reasonable settlement offer
  • The other driver’s insurance company denies fault altogether. 

Most auto accident cases in Dallas, Fort Worth and Houston can be resolved through settlements. However, if you and your attorney are not satisfied with a settlement offer – and the insurer won’t budge – your case may need to go to trial.

When a Jury Determines Fault in a Texas Car Accident

At a trial, the same evidence you relied on to seek a settlement offer will be presented to a jury such as photographs of the accident scene, witness statements and accident reconstruction. Once you have reached the trial stage, the jury will decide fault based on the evidence and by the arguments made by your car accident attorney.

It is important to have the strongest evidence possible to make your case. If you need to take your case to trial, you will need to have evidence that demonstrates for a jury that the other party was responsible for the accident.

Contact an Experienced Car Accident Attorney

While the immediate aftermath of a car accident can feel disorienting, it is essential to take steps to gather evidence that your attorney will need to prove the other driver’s fault.

Your auto accident attorney will look carefully at all of the evidence in your case and may hire an accident reconstruction expert to answer questions about causation in the crash. Then, your lawyer will present the best possible arguments to show that the other driver’s negligence caused the collision.

Given that the presentation of the evidence is crucial to both settlement negotiations and a jury trial, you will need to have a dedicated Texas car accident attorney on your side. Contact Tate Law Offices to learn more about how we can assist with your claim.

Not Ready to Chat? Use these Resources:

Car Accident Lawyer in Dallas, Houston, and Ft. Worth 

What To Do After A Car Accident in Texas 

Maximize Your Case Value In Your Texas Injury Claim

How to Deal with Insurance Companies After a Ft. Worth Car Accident

Should You See a Doctor After A Texas Car Accident? 

How Do You Get a Rental Car After a Car Accident?

What are Common Car Accident Injuries? 

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