After a car accident in Texas, it is crucial to first establish who was at fault. If there is direct evidence, proving liability will be straightforward. However, as we have often seen, clear evidence is not always available after a car accident. If this is the case, fault will likely be disputed, leading to the question: How can you tell who hit whom in a car accident?
This blog covers the different factors that help establish liability. It also covers why it is vital to know who hit whom and the damages injured victims can recover after a car accident. If you want compensation for injuries sustained in a car accident, Terry Bryant Accident & Injury Law can help. Call us now at (713) 973-8888 for a free case review.
Why Choose Our Terry Bryant Accident & Injury Law Team?
Seeking compensation after a car accident depends mainly on whether you can identify the at-fault party and have sufficient evidence to prove their liability. At Terry Bryant Accident & Injury Law, we have the skills and experience to identify and hold liable parties accountable. We will help you gather the required evidence and demonstrate how the at-fault driver caused the accident.
Our attorneys understand the emotional and financial toll accident injuries can have on victims, so we will aggressively go after the at-fault party’s insurer to get you fair compensation. We will handle the negotiations and, if needed, file a lawsuit against the responsible party. We are experienced negotiators and trial lawyers, so you can rest assured that your case will be handled with the required expertise.
We understand that not everyone can afford to pay legal fees upfront, so we offer our services on a contingency fee basis. Call us now at (713) 973-8888 to learn more about our services and how we can represent you.
We will handle your case based on its merits and explore various strategies to help you get a favorable outcome.
How Can You Tell Who Hit Whom in a Car Accident?
To determine who hit whom after a car accident, you need the following:
Independent Eyewitness Testimony
Credible independent eyewitnesses are crucial to proving liability after a car accident. Independent eyewitnesses are considered credible because they have no stake in the accident and will not favor one driver over another. Also, they can corroborate your version of events or clearly describe what happened in the moments before the accident.
Eyewitnesses can provide information on the vehicle’s speed and whether a driver was distracted or violated traffic rules. This is why we always advise drivers to get witness information and contact details after an accident. We can interview eyewitnesses and get their testimony while the accident is still fresh in their minds.
Traffic Camera Footage
Across Texas, some traffic cameras may record and monitor traffic and accidents. The footage from these cameras is crucial to determining who hit whom, and it must be obtained promptly. With the video, you can see how both drivers were driving before the accident, the positioning of their vehicles, and whether they violated any laws.
Traffic camera footage in Texas is kept for seven to 30 days and might belong to the local transportation department or a private contractor. If it’s a private company, you’ll need a subpoena to view the records, and our car accident lawyer can help. So, don’t waste time getting legal representation after a car crash and call us today for help!
Police Report
Law enforcement agencies are usually part of the first responders at a crash scene. When they arrive, they will close off the accident site and document their observations, take the statements of the involved drivers, and note their preliminary findings in a police report.
Our attorneys will carefully review the police report, paying attention to the officers’ conclusions about who caused the accident and the contributing factors. We can also bring in accident reconstructionists to analyze the data in the police report.
The Point of Impact
Identifying where the vehicles struck each other is crucial in determining fault in car accidents. The damage to each vehicle shows the point of impact, suggesting which car got struck. For example, if one car has significant front-end damage and the other has rear-end damage, it is likely that the first car hit the second from behind.
Our experienced Texas car accident lawyers can obtain and preserve evidence to establish who hit whom after an auto accident and prove your case to the at-fault party’s insurance company.
Skid Marks and Debris
The length, direction, and location of skid marks show which driver tried applying brakes before the crash and who swerved, indicating who attempted to avoid the collision. Also, debris helps with car accident scene reconstruction as it often scatters in the direction of the force. The debris location might show the direction of travel and point of impact.
Vehicle Position
The position of the vehicles after the collision can also help determine fault. Vehicle positions indicate the dynamics of the crash, suggesting who hit whom based on the cars’ final resting place.
Forensic Analysis
In crashes involving multiple parties, it might be hard to determine who hit whom, especially if there is no video footage and if eyewitness statements are conflicting. In this case, experts, such as accident reconstructionists, analyze available data to determine who caused the accident. They examine photographs, skid marks, police reports, and medical records to identify the liable party.
Why Is It Vital to Know Who Hit Whom After a Car Accident?
Knowing who hit whom is crucial for the following reasons:
Determining Fault and Liability
Determining fault in car accidents is vital if you want to pursue compensation. Usually, the person who hits another is liable for the accident and is expected to cover damages. Depending on the circumstances, the person might also face fines, penalties, and/or criminal charges.
Insurance Claims and Coverage
If you are filing an insurance claim, whether with the at-fault party’s insurer or your own, you must show who is at fault. You can present evidence to support your claim by knowing who hit whom. Also, showing you were not responsible for the accident will keep your insurance provider from increasing your premium and makes it harder for the insurance company to deny your claim.
Recoverable Damages in a Car Accident
Once you identify the liable party in a car accident, you can file a claim with their insurance company to receive financial compensation for damages. The compensation is classified as economic and non-economic damages. Economic damages are for tangible losses with a fixed dollar value, while non-economic damages are for intangible losses without a fixed value.
They cover the following:
- Medical bills (current and future medical costs)
- Property damage (vehicle repairs and replacement of damaged personal property)
- Lost wages
- Loss of earning capacity
- Transportation costs
- Pain and suffering
- Loss of enjoyment of life
- Out-of-pocket expenses
- Loss of consortium.
We can help you determine your claim value and negotiate a settlement that covers your economic and non-economic damages.
What if the At-Fault Driver’s Insurance Company Offers a Low Settlement?
It is common practice for insurance companies to offer lowball settlements or deny claims even when you’ve established liability. When this happens and you’re displeased with the settlement, there are actions you can take. First, ensure you do not accept the settlement offer, even verbally. If you don’t have a lawyer, this is a good time to hire one.
Have your lawyer present a counteroffer and negotiate for a better settlement. It is advisable to present additional evidence to show why you deserve the amount requested. You can file a personal injury lawsuit if the insurance company does not agree to pay the requested amount.
If there is a trial, you will present evidence supporting your claim and the amount requested. If the jury finds in your favor, they will award compensation covering economic and non-economic damages. You can also receive punitive damages if the at-fault party was malicious or egregious.
Note that there is a time limit for filing a personal injury lawsuit. Under the Texas statute of limitations, you must file a lawsuit within two years from the accident date. (*Always speak directly to an attorney to learn the exact deadlines that apply to your potential claims.) Once the time passes, and you don’t take action, you automatically forfeit your right to seek compensation. It is best to take action as soon as possible to avoid this from happening. Call us now.
Were You Injured in a Car Accident? Contact Us Now!
Getting injured in a car accident can be overwhelming, and engaging in a back-and-forth with the other driver about liability is not the best use of your time. With over 35+ years of experience, our attorneys can help you determine liability and take appropriate action. This way you can focus on your recovery, while we handle the legal matters.
Our Terry Bryant Accident & Injury Law team is always here for you. Give us a call at (713) 973-8888 or toll-free 1 (800) 444-5000 for your free and confidential consultation.
Attorney Terry Bryant
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]
