Texas follows a modified comparative fault system, meaning the strength of a personal injury claim often depends less on the injury itself and more on the evidence proving how the accident happened and who was at fault. Police reports, photographs, witness statements, medical records, and expert analysis all play a role, and the sooner this evidence is gathered, the less likely it is to disappear. Understanding what evidence matters most, and how quickly it needs to be preserved, can make a meaningful difference in the outcome of a claim.

Why Evidence Carries So Much Weight in Texas

Texas uses a modified comparative fault system, often called the 51 percent bar rule, under Texas Civil Practice and Remedies Code Section 33.001. A person injured in an accident can recover damages as long as their own share of fault is 50 percent or less, with compensation reduced by that percentage. If a court or jury finds a claimant more than 50 percent responsible, however, they recover nothing at all, regardless of how serious the injury was.

Because a single percentage point can eliminate a claim entirely, the evidence used to establish how an accident happened, and who bears responsibility for it, often matters as much as the injury itself.

Evidence That Establishes How the Accident Happened

The foundation of most personal injury claims is evidence describing the accident itself. This typically includes:

• Police or crash reports, including the CR-3 report prepared by responding officers in Texas motor vehicle accidents
• Photographs and video of the scene, vehicle damage, road conditions, and any visible hazards
• Statements from witnesses who saw the accident happen
• Surveillance or traffic camera footage from nearby businesses or intersections

Official crash reports carry particular weight because they document the responding officer’s independent observations and any citations issued at the scene, which can support or undercut a fault argument raised later by an insurer.

Preserving Time-Sensitive Evidence

Some of the most useful evidence in a personal injury case has a limited shelf life:

• Surveillance systems at businesses and traffic intersections frequently overwrite footage within days or weeks
• Vehicles equipped with event data recorders, sometimes called black boxes, store data about speed, braking, and other factors in the moments before a crash — but this data can be lost if a vehicle is repaired, sold, or scrapped before it is retrieved

Texas law recognizes a legal concept known as spoliation, which addresses situations where evidence relevant to a claim is lost, destroyed, or altered after a party had a duty to preserve it. In Brookshire Bros., Ltd. v. Aldridge, the Texas Supreme Court clarified when courts can address this kind of unfairness and what remedies are available when spoliation occurs under circumstances a party should have anticipated. This is one of the reasons attorneys often send early preservation letters to businesses, trucking companies, or other potentially responsible parties, requesting that relevant footage or data be retained before it disappears.

Medical Evidence Connecting the Injury to the Accident

Medical records serve a distinct evidentiary purpose: they connect a physical injury to a specific incident and document its severity over time. Emergency room records, diagnostic imaging, treatment notes, and follow-up visits all help establish that an injury was caused by the accident in question rather than some unrelated condition.

Consistent treatment, without unexplained gaps, tends to support a stronger causation argument than sporadic or delayed care.

Evidence That Supports the Value of a Claim

Once fault and causation are established, evidence still needs to support the value of the damages being claimed. This often includes:

• Medical billing records
• Documentation of lost wages from an employer
• Receipts for out-of-pocket expenses
• In more complex cases, expert testimony addressing long-term care needs or future lost earning capacity

In disputed liability cases, an accident reconstruction expert may also be used to analyze physical evidence and provide an independent opinion on how the collision occurred.

Deadlines That Affect Evidence Collection

Under Texas Civil Practice and Remedies Code Section 16.003, most personal injury lawsuits must be filed within two years of the date of the injury.

While this deadline governs when a lawsuit must be filed, evidence collection is a separate and often more urgent race against time. Waiting even a few months to begin gathering evidence can mean losing surveillance footage, event data recorder information, or the ability to locate witnesses who were present at the scene.

Practical Steps for Preserving Evidence After an Accident

• Request a copy of the official police or crash report as soon as it becomes available
• Photograph the scene, vehicles, injuries, and any visible hazards before conditions change
• Collect names and contact information for anyone who witnessed the accident
• Seek prompt medical evaluation and follow through with recommended treatment
• Identify any nearby businesses or intersections that may have surveillance footage, and act quickly to request preservation

Getting Help Building a Strong Case

Because Texas law can bar recovery entirely once a claimant’s fault crosses the 50 percent threshold, the evidence supporting a claim often does as much work as the injury itself. Reviewing the details of an accident with someone familiar with Texas’s evidentiary and comparative fault rules can help identify what evidence matters most and how quickly it needs to be preserved.

Talk to a The Woodlands Personal Injury Attorney 

Evidence in a personal injury case can disappear quickly, from overwritten surveillance footage to fading witness memories. Morgan Bourque Attorney at Law represents injured clients throughout The Woodlands and greater Houston in personal injury matters, including auto accidents, truck accidents, and slip and fall claims. Reach out through our contact page or call (713) 766-6001 to discuss your situation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.