Who Decides Who Is at Fault in a Car Accident?

Determining who is at fault after a car accident can be complex and stressful, involving different parties and factors. Despite how challenging it can be, knowing who is at fault — even if it’s a minor accident — is crucial to filing a claim or lawsuit when seeking compensation. However, one question people often ask is who decides who is at fault after a car accident?

Is the determination made by the drivers involved, law enforcement officers, insurance adjusters, or lawyers? This blog will answer this question, it will also discuss why fault matters, the information needed to decide liability, and who decides who is liable in a car accident. If you need help identifying the party responsible for your accident injuries and taking legal action against them, call us now at (713) 973-8888 for a free and confidential consultation.

Why Choose Us to Represent You?

Determining fault and proving it can be burdensome for someone recovering from injuries. But if you entrust your case to us, our attorneys can help you conduct investigations, gather evidence to prove liability, and adequately apply the proof so your claim is successful. We have done this for over three decades for car accident victims and have the track record to prove it.

Aside from identifying and proving fault, our attorneys at Terry Bryant Accident & Injury Law are experienced negotiators and trial lawyers. We can adequately represent your interests whether you want to pursue a settlement or take your case to court for a verdict. We have recovered over a billion dollars in gross settlements and verdicts and remain committed to helping our clients get the maximum compensation possible. If a fair resolution is what you want, call us now at (713) 973-8888.

Our attorneys will protect your rights and interests and fully pay attention to your case to secure the best possible outcome.

Why Fault Matters After a Car Accident

After a car accident, knowing the at-fault party narrows down who you can file a compensation claim against. This is vital as auto collisions often result in costs like vehicle repair, medical bills, lost wages, and other non-monetary losses like pain and suffering. Fault is crucial in lawsuits, insurance claims, and criminal cases if the accident has a criminal element.

Below, we examine the different ways fault matters when filing a civil lawsuit, insurance claim, or when there’s a criminal charge against the at-fault driver.

Fault in Insurance Claims

Determining fault is essential to how insurance companies handle claims. Generally, Texas is a fault-based state for auto liability insurance, meaning that anyone at fault for an accident will compensate the other party deemed the victim. So, the at-fault party’s insurance company will pay the victim damages.

The insurance company is expected to pay economic and non-economic damages, including medical expenses, vehicle repair or replacement costs, lost wages, pain and suffering, and other associated costs. Fault also affects insurance premiums, as the at-fault driver’s insurance company is likely to increase their rates.

Furthermore, insurance companies will not just take your word that their policyholder caused the accident. The insurance adjuster will launch an investigation even if you have the evidence backing your claim. The essence of the inquiry is to find loopholes in your story or evidence that points to your contributing to the accident.

If they find any proof of liability on your side, they will use the modified comparative negligence rule to apportion blame to you. This automatically reduces the amount you would have received as compensation. If you were 20% at fault, you will only receive 80% of the settlement agreed on. If the insurance adjuster finds that your liability exceeds 50%, they will not compensate you.

If the insurance company refuses to pay compensation after you prove fault and provide evidence, our attorneys can help you file a lawsuit and advocate for you in court.

Fault in Civil Lawsuits

Fault determination is also crucial to winning a civil lawsuit. During the trial, the doctrine of “he who asserts must prove” applies, as the burden of proof is on the plaintiff to show the defendant’s negligence. Also, the plaintiff must do this on the preponderance of the evidence. This means that the plaintiff must present evidence that shows that their claim is more credible and convincing than the defendant’s and that their version of events is more plausible.

One way to prove the defendant’s fault in court is by establishing the four elements of negligence. They include the following:

• The defendant owed you a duty of care to drive carefully and not engage in conduct that puts you and other road users in harm’s way.
• The defendant breached their duty of care by behaving recklessly or engaging in conduct that put you and other road users at risk.
• The defendant’s negligent action caused the accident and injury you suffered.
• The defendant’s action led you to suffer damages for which you deserve compensation.

In Texas, if you can prove that the defendant engaged in reckless, malicious, or egregious conduct, you can ask the court for punitive damages. Punitive damages are not meant to compensate you but to punish the defendant and deter them and others from committing a similar action.

Fault in Criminal Trials

Proving fault is vital in criminal cases originating from car accidents. Auto accidents that might lead to criminal charges are those resulting from drunk driving, reckless driving, and fatal collisions. Although criminal cases are decided on proof beyond a reasonable doubt, determining fault is crucial.

If a defendant is found at fault in criminal court, the evidence will help you prove liability in civil court. If, however, the defendant was acquitted because the prosecution could not prove their case beyond a reasonable doubt, this does not mean your civil lawsuit will fail, as the burden of proof is different. This means that an acquitted defendant can still be found liable for an accident in civil court.

Evidence Needed for Deciding Fault

The fault determination process involves gathering and analyzing evidence to identify the person responsible for the accident. The more compelling and comprehensive the evidence is, the easier it is to identify the party responsible. The following are crucial pieces of evidence needed for deciding fault:

• Police Report: It contains details of the accident, such as the location of vehicles, road conditions, traffic violations, if any, and witness statements. While the police report is not  definitive proof of fault, it is significant evidence in insurance claims and lawsuits.
• Independent Witness Statements: Independent eyewitnesses can testify as to who caused the accident, making their statement crucial to the fault determination process.
• Photographic and Video Evidence: Photographs of the accident scene and video footage from dashcams, surveillance cameras, and traffic cameras can help identify who caused the crash.
• Accident Reconstruction: In complex cases, accident reconstruction experts can analyze the available evidence and provide a detailed report on how the crash happened, which helps to identify the party responsible.
• Physical Evidence: Physical evidence from the crash scene, such as skid marks, broken glass, and vehicle debris, can help identify the at-fault driver.

Traffic laws and regulations, driver and passenger statements, medical records, weather and road conditions, and mobile phone records can also be used to determine fault. 

Who Decides Who Is at Fault in a Car Accident?

Several parties play a role in fault determination, and they typically include the following:

Law Enforcement Officers

Police officers are among the first to respond to a crash scene and assess the situation. They investigate the case, interview the involved parties and witnesses, and document their findings in a police report. The report will contain their conclusion and who they believe is responsible for the accident.

Insurance Adjusters

Insurance adjusters can decide who is at fault after their investigation. Their independent inquiry involves reviewing police reports, examining photos and videos from the crash scene, speaking to witnesses, and consulting experts if needed. Based on their findings, they will name who they believe is at fault, and their conclusion influences whether the insurance company will pay compensation, reject the claim, or offer a low settlement.

Civil Courts

If the accident case becomes a lawsuit, the judge or jury will decide who is at fault. During the trial, both parties present evidence, which the court will examine to determine liability.

In addition to the above, accident reconstruction experts can also decide who is at fault. If the case goes through mediation, the mediator will determine who is at fault.

Let Us Help You Prove Fault and Secure a Fair Compensation

Our team at Terry Bryant Accident & Injury Law understands how the fault determination process works and can help you establish liability and seek fair compensation. So, don’t delay contacting us if you or a loved one suffered injuries in a car accident caused by negligence. Call us now at (713) 973-8888 for a free and confidential case evaluation.