Determining fault in a Texas car accident is a critical step that directly affects your ability to recover compensation. Because Texas follows a fault-based system for auto accidents, the at-fault driver—and their insurance company—is legally responsible for the damages resulting from the crash.
However, proving fault in Texas car accidents requires a deep understanding of state laws, strong evidence collection, and an aggressive legal strategy.
Texas Is a “Fault” or “Tort” State
Texas operates under a fault-based (tort) system, which means that the party who caused the accident is liable for paying damages to the injured party or parties. In practical terms, this means you have the legal right to pursue compensation for injuries resulting from car accidents in Texas by:
- Filing a claim with your own insurer, who may then pursue subrogation
- Filing a third-party claim against the at-fault driver’s insurance carrier
- Filing a personal injury lawsuit directly against the at-fault driver in court
Modified Comparative Fault: 51% Bar Rule
Texas uses a “modified comparative negligence” rule, codified under Texas Civil Practice and Remedies Code § 33.001. Under this law:
- You may recover damages only if you’re 50% or less at fault for the accident.
- Your compensation will be reduced by your percentage of fault.
- If you’re found 51% or more at fault, you’re barred from recovering any compensation.
This makes accurate Texas car accident fault determination critical, as even partial fault can substantially reduce your award.
Common Negligent Behaviors That Establish Fault
Certain driving actions are clear indicators of fault under Texas law. These include:
- Running red lights or stop signs
- Failing to yield the right-of-way
- Speeding or reckless driving
- Driving under the influence (DUI)
- Tailgating
- Texting or using a phone while driving
- Unsafe lane changes or failure to signal
These actions may constitute a breach of duty of care, a key element in establishing negligence.
Role of Insurance Companies in Determining Fault
After a crash, the involved insurers will conduct their own investigations to determine fault. However, insurance adjusters aren’t neutral—they work to protect their company’s financial interests. They may:
- Use your recorded statements against you
- Downplay their insured’s responsibility
- Claim you were more than 50% at fault to deny your claim
This is why it’s critical to have an attorney who will advocate for your interests and conduct an independent investigation.
When a Lawyer’s Investigation Matters Most
While a few cases may present clear-cut fault, most claims require substantial legal work to uncover the truth. At Amanda Demanda Injury Lawyers, our Texas car accident attorneys will:
- Issue spoliation letters or obtain court orders to preserve evidence
- Retain accident reconstructionists to analyze vehicle dynamics and causation
- Gather expert medical testimony to link your injuries directly to the crash
- Identify multiple liable parties, such as trucking companies, maintenance providers, or government entities
Special Considerations for Government Liability
If a government vehicle (e.g., city bus or police car) caused the crash, you must follow strict notice requirements under the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code § 101.101). Failure to submit a timely notice—generally within six months of the incident—can result in dismissal, regardless of fault.
How Our Texas Car Accident Lawyers Will Prove Fault
Fault determination in Texas car crashes is a fact-intensive process that involves the collection and analysis of various forms of evidence. At Amanda Demanda Injury Lawyers, our seasoned Texas car accident attorneys and investigative team will move fast to obtain the following types of evidence:
Police Reports
Law enforcement officers investigate crash scenes and complete accident reports. These may contain:
- A preliminary finding of fault
- Citations issued (e.g., speeding, DUI, failure to yield)
- Diagrams and witness statements
While not conclusive in court, police reports can influence insurance negotiations and lawsuits.
Eyewitness Testimony
Eyewitnesses can provide an objective account of the accident, including:
- Direction of travel
- Traffic signal status
- Speed and behavior of each driver
These statements are especially valuable when the drivers provide conflicting accounts.
Vehicle Damage and Crash Scene Analysis
The location and extent of vehicle damage, skid marks, road debris, and impact points can help reconstruct the sequence of events. Experts may be called upon to analyze:
- Crash angles and force of impact
- Brake application or lack thereof
- Visibility and obstructions
Dashcam and Surveillance Footage
Video footage can provide indisputable visual proof of a driver’s negligence, such as:
- Running a red light
- Distracted driving
- Lane weaving or tailgating
With the prevalence of dashcams and surveillance cameras, this type of evidence is becoming increasingly important.
Cell Phone Records and Electronic Data
To prove distracted driving, an attorney may subpoena the at-fault driver’s cell phone records or vehicle event data recorder (EDR), also known as the “black box,” which may reveal:
- Phone activity at the time of the crash
- Speed, braking, and acceleration patterns
Crash Site Photos and Videos
Photographs and videos taken immediately after the accident can offer powerful visual documentation of:
- Vehicle positions and damage
- Road and weather conditions
- Traffic signs, signals, or obstructions
- Skid marks and debris patterns
These visuals can help reconstruct the crash and preserve details that may be lost as time passes.
Medical Records and Injury Documentation
Medical records serve as critical evidence in linking your injuries directly to the crash. These records help establish:
- The severity and timing of your injuries
- Required medical treatments and projected recovery
- Whether the injuries are consistent with the accident dynamics
Expert Testimony
Experts such as accident reconstructionists, biomechanical engineers, and medical professionals can provide authoritative opinions to support your claim. They can:
- Explain how the crash occurred based on physical evidence
- Correlate injuries with the forces of impact
- Rebut misleading conclusions by insurance-hired experts
Together, these types of evidence provide the foundation for establishing fault in a Texas car accident.
Get High-Powered Legal Representation from Our Texas Car Accident Attorneys
In Texas car accidents, determining fault isn’t just about assigning blame—it determines whether and how much compensation you can recover. Given the complexity of evidence, legal standards, and insurance tactics, it’s vital to work with an experienced car accident attorney who knows how to establish liability with precision and strength.At Amanda Demanda Injury Lawyers, we don’t just tell your story—we prove it. Our attorneys aggressively gather the evidence, refute baseless insurer arguments, and fight to ensure you aren’t unfairly blamed or underpaid for your injuries. To schedule your free consultation, call us 24/7 at 1-844-DEMANDA or contact us online.
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