Determining who is at fault in a car accident is critical to securing compensation for your losses. Here are some tips from a car accident lawyer in Katy, TX, on the key aspects to proving that the other driver was at fault in a car accident.

Proving the Other Driver Was at Fault in a Car Accident: Advice from a Car Accident Lawyer in Katy, TX

Texas is a “fault” state, which means the driver who is found to be responsible for the accident is liable for any damages caused. (In “no-fault” states, each party’s insurance covers their losses regardless of fault.) Therefore, proving fault in a car accident is key to claiming compensation.

Texas also follows a modified comparative negligence rule, so as long as you are not more than 50% at fault for the accident, you can recover damages. However, if you are found to be partially responsible for the accident, your compensation will be reduced based on your percentage of fault. For example, if you are awarded $100,000 but are found to be 30% at fault, you would receive $70,000.

At the Scene of the Accident

Take clear photographs and videos from multiple angles to show the position of the vehicles, the extent of the damage, skid marks, traffic signs, and any other relevant details. This visual evidence will be important in demonstrating how the accident happened and determining who was responsible. If there were any witnesses to the accident, try to get their contact information and a brief account of what they observed. Witnesses who are impartial and unrelated to either party may be very helpful in corroborating your story of what happened.

Be sure that the accident is reported to the police: in Texas, it’s required by law to report the accident if there is significant property damage, injury, or death. The police report often includes an initial assessment of fault based on the officer’s observations and the statements of those involved, so it can be a helpful piece of evidence when proving fault. Also, don’t forget to exchange contact and insurance information with the other driver as well as documenting their license plate number and their vehicle’s make and model.

Proving Negligence

To establish that the other driver was at fault, you must demonstrate that they acted negligently. There are four aspects to proving negligence: establishing duty of care, showing breach of duty, proving causation, and showing damages. You must first show the other driver owed you a duty of care, meaning they were responsible for operating their vehicle safely and adhering to traffic laws. To prove that they breached this duty requires proof that they acted recklessly or carelessly, such as by speeding, running a red light, or texting while driving.

The third element, causation, is the most important to prove in a court case. You must demonstrate that the other driver’s breach of their duty directly led to the accident; in other words, the accident wouldn’t have occurred if the other driver hadn’t been negligent. Once causation is clearly established, you must finally prove that you suffered actual damages, such as injuries or property damage, and that these are a direct result of the accident.

Traffic Laws

If the police report from your accident clearly indicates that the other driver was breaking a traffic law, whether by speeding, running a red light, failing to yield the right of way, or following too closely, it can serve as strong evidence of their negligence.

Another aspect to consider is whether this traffic violation is part of a pattern of unsafe driving practices. Citations issued to the other driver for similar traffic violations in the past can further support your claim that they were at fault in the accident you were involved in. A history of documented traffic violations can demonstrate that the other driver has a habit of not following the rules of the road.

The Role of Expert Testimony

Expert testimony can also be useful in proving fault, especially if the circumstances of the accident are complicated or the injuries or damage are severe. When the cause of the accident is not immediately clear or when there are conflicting accounts of what happened, accident reconstruction specialists can help to provide clarity.

These experts analyze the physical evidence, such as vehicle damage, skid marks, and the position of the vehicles after the crash, and then re-create the sequence of events leading up to the accident. Their objective analysis can provide a clear, unbiased perspective on how the accident occurred and who was likely at fault.

The testimony of medical professionals may also be helpful. A medical expert can give an objective statement on the nature and extent of your injuries and explain how they were directly caused by the accident. The testimony of an expert medical witness can be very important in establishing causation, as well, by proving the link between the accident and your injuries.

Insurance Company Investigations

After a car accident, the involved insurance companies will conduct investigations to determine fault. Since insurance companies have their own interests in mind, they may try to minimize their payout by shifting some of the blame onto you. Since Texas follows a modified comparative negligence rule, if you are found partially at fault for the accident, your compensation will be reduced by your percentage of fault.

If it is determined that you are more than 50% at fault, you cannot recover any damages. It is, therefore, a very good idea to consult with a personal injury attorney. A lawyer can help you build a strong case that clearly shows the other driver’s negligence was the primary cause of the accident and can represent your interests throughout negotiations, as well as protect you from attempts by the insurance company to put more blame on you. There are also instances where the other driver or their insurance company will dispute liability, making it more difficult to prove fault. In these situations, your attorney may recommend filing a lawsuit to resolve the dispute in court.

Settlement Negotiations

In Texas, most car accident cases are settled through negotiation: your attorney negotiates directly with the insurance company representing the at-fault driver. Settlement negotiations provide an opportunity to resolve the case without the time, expense, and uncertainty of a court trial. Your attorney will present the evidence that demonstrates not only that the other driver was responsible for the accident but also the extent of your injuries and/or other damages.

The goal of negotiations is to reach a settlement that fully compensates you for all the losses you’ve sustained due to the accident. However, if the insurance company refuses to offer a fair settlement, your attorney may advise you to take the case to court.

If you’ve been involved in a car accident and need help proving the other driver was at fault, contact the Law Office of Shane McClelland, Personal Injury & Accident Lawyer. Our team is ready to assist you in pursuing the compensation you need.