How To Determine Who Is at Fault in a Car Accident

When seeking compensation for a car accident injury, one term that will appear several times is “fault.” In at-fault states like Texas, it is essential to establish who is at fault in a car accident so that the other party (victim) can seek compensation for their economic and non-economic damages. However, identifying the liable party or parties in a collision is not always easy.

It requires careful examination of evidence and an in-depth understanding of Texas traffic rules and negligence doctrine. So, in this blog, we will examine how to determine who is at fault after a car accident. Our car accident lawyers at Terry Bryant Accident & Injury Law can help you identify the liable party after a car accident and take legal action against them.

We can also advise you of your rights and responsibilities and guide you on what to expect if you file a claim. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 to learn more about our services. Our initial consultations are free and confidential.

Why Retain the Services of Our Car Accident Lawyers?

At Terry Bryant Accident & Injury Law, we have fought for the interests and rights of injured car accident victims since 1985. We have recovered over a billion dollars in settlements and verdicts for our clients and can help you get a fair settlement. Also, we will help you identify the party responsible for the accident and hold them accountable.

Our car accident attorneys know the Texas legal system and how to build strong cases. We also know what is needed to win your case, and we always give 110% to every case, providing the necessary resources to achieve a favorable outcome. We serve cities across Texas, so irrespective of your location, we can provide you with excellent legal representation.

We have a handpicked team of lawyers and support staff who use their experience to benefit clients and will always prioritize your interests.

How Is Fault Determined in a Car Accident?

Whether you were in a two-vehicle or multiple-vehicle collision, determining fault is not always a straightforward process. Several factors are involved, and you must carefully investigate the accident and analyze the evidence to identify at the at-fault party. This is why we advise car accident victims to focus on their recovery and leave fault determination to experienced car accident attorneys.

Below are the different methods of determining fault after a car accident in Texas.

The Statements of the Involved Drivers

The statements of the drivers involved in the accident are the starting point for fault determination. Each driver’s version of events will differ in most cases. However, from their statements, you will have information on the speed, weather conditions at the time, and point of contact.

Sometimes drivers, especially those who believe they might be at fault, embellish their statements to make themselves the victims or to share the blame with the other driver. Drivers might also withhold information they believe can harm them — for example, if they were looking at their phone when they ran a red light and caused the accident. As a result, drivers’ statements are not always reliable, taking us to the next point.

Police Reports

Since drivers’ statements contain both truth and lies, an impartial report is needed to determine fault, hence the need for police reports. Typically, police officers are part of the first responders at a crash scene. When they arrive, they will close off the area where the accident happened and assess the scene.

The police officers will also speak to the drivers involved and to eyewitnesses and take their statements. If a security camera is in the area, they might check to see whether it captured the collision and examine the footage. With this input, the officers will create a report on the accident and might include who they believe caused it.

Note that most police reports do not indicate who was at fault for the accident; even if they do, it is not enough to hold the person marked as the at-fault driver responsible. You need to corroborate the police report’s contents and back them up with other evidence.

Witness Statements

Eyewitnesses are expected to be unbiased, making their statements about how the accident occurred a crucial aspect of determining fault. A witness can be another driver or someone standing by the roadside. They can tell if any driver was speeding, engaging in reckless driving, was distracted, or disobeyed traffic rules. Ensure you get the contact information of witnesses after an accident and pass this on to your attorney, who will contact them and get their statement.

Vehicle Damage

The vehicles involved in the accident are used to determine who is at fault. The location and extent of the car damage provide clues about how the accident occurred. For example, in a rear-end crash, where a car hits another from behind, or the one in front stops abruptly and causes the one at the back to collide with them, the damage can help prove who was at fault.

By analyzing any or all of these methods of determining fault, we can identify the at-fault party, or otherwise apportion liability, and pursue a compensation claim for economic and non-economic damages. 

Traffic Laws and Citations

If a driver violates a traffic law and causes an accident, the evidence of the violation is crucial proof of their fault. Therefore, when determining fault after a car collision, check to see whether the other driver was cited for speeding, running a red light, or another moving violation. Sometimes, citations might happen at the accident scene if the driver is conscious. You can find out if a driver was cited from the police report.

Insurance Company Investigations

Naming the other driver as the at-fault party does not mean their insurance company will accept it. They will investigate by reviewing police reports, drivers’ statements, witness accounts, and any available footage. They will also use the principles of negligence and liability to determine fault. The outcome of the insurance company’s investigation is crucial in determining who is at fault, as they will pay compensation only if their insured is the one to blame.

Forensic Analysis

In cases where multiple parties are involved, and the available evidence is not enough to determine fault, forensic experts like accident reconstructionists might be called upon. They will analyze the crash scene, focusing on skid marks, vehicle damage, and other physical evidence to reconstruct the accident and determine the liable party.

Factors Considered When Determining Fault

These factors play a significant role in how fault is determined and apportioned:

Negligence

Negligence is the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. When determining fault, it is vital to establish whether any driver acted negligently by drunk driving, speeding, distracted driving, or tailgating. After deciding a driver was negligent, it is essential to show elements of negligence, namely duty of care, breach, causation, and damages.

Comparative Fault

The comparative fault or negligence doctrine comes into play when assigning fault to the parties involved in the accident. Comparative negligence determines the percentage of fault each party bears and adjusts the compensation accordingly. There are two types of comparative fault: pure and modified.

Under pure comparative negligence, each party to an accident can recover damages proportionate to their degree of fault, regardless of how much fault they bear. For example, if a driver is 70% at fault, they can still recover 30% of their damages. On the other hand, modified comparative fault allows those involved in an accident to get compensation if they are 50% or less at fault or less than 51%, depending on state law.

Texas follows the 51% rule. When determining fault, insurance companies, courts, and lawyers apportion a certain percentage to each driver, and the victim whose percentage is less than 51% can recover compensation.

Let Us Help You Prove Fault and Recover Maximum Compensation

Fault is always tricky in car accident claims, as insurance companies can misconstrue an innocent statement and blame you partially or wholly for the accident. When they do this, it will affect how much compensation you will receive or if they will pay you any settlement. Therefore, it is prudent to have legal representation.

At Terry Bryant Accident & Injury Law, we will aggressively represent you. We will demonstrate the other party’s fault and strive to get you a favorable outcome. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential case review.