How Do I Fault Determined In a Texas Car Accident?

When you’ve had a car accident in Texas, whose fault is vital to getting the compensation you need for medical bills, car repairs, and much more.

Most of the time, the fault is determined by the judge or jury involved in your case or, more informally, by your insurance adjuster.

However, anyone who makes these decisions must have solid evidence, such as police reports, witness accounts, photos, videos, and more, to substantiate the facts presented.

It’s also vital that your Woodlands car accident lawyer gets involved as soon as possible. Evidence disappears, vehicles are repaired, etc., making the pertinent facts challenging to prove. This is why evidence gathered at the scene of your accident can be enormously significant.

Photos, exhibits, medical reports, witness testimony, and more will all be pieced together to form the body of evidence supporting your claim and personal injury case.

However, the first thing to do is to request an official copy of the police report taken at the scene. Official police reports are significant when determining liability in your car accident case.

Some other examples of evidence that will be extremely helpful are:

  • Photographs and videos taken at the immediate scene of your accident.
  • All the contact information from those involved and of any witnesses at the scene.
  • Detailed notes about precisely what happened during the accident and more.

Many times, if your accident was severe, and you (or a family member) were hurt or killed, then your insurance company (or lawyer) may hire expert witnesses to substantiate who’s at fault.

Expert witnesses, such as accident reconstruction specialists, will prepare reports explaining what likely occurred. A mechanic might be brought in to clarify whether a vehicle was functioning correctly or how it was damaged.

Another vital point to note is that the other driver, even if they are proven to be at fault, may claim you were partly to blame for the incident. Usually, the judge or jury will decide how much blame each party bears. Your experienced and knowledgeable lawyer will explain that if you are found to bear 51% or more of the fault, you may not be allowed to recover any compensation.

Or, if you are found to bear a lesser amount of fault, let’s say 20%, your damages will be reduced proportionally.

Therefore, proving liability and fault is vital to your case and getting the compensation you deserve. Your Woodlands car accident lawyer’s competence, knowledge, and experience will prove invaluable in this area.

Are There Things I Must Do After My Auto Accident in Texas?

As a driver in Texas, there are specific and mandatory duties that you must perform if you have after a car accident. These rules are legally designed to ensure the safety of everyone involved in the accident and to comply with current Texas law.

Just some of the things you must do after a Texas car accident are:

  • If your accident results in injuries or damage, you must immediately stop at the scene or as close to the scene as possible.
  • You must do your best to determine who was involved in the collision and immediately assess whether aid is needed.
  • You must immediately stop at the scene, doing your best not to disrupt the traffic flow more than necessary, to address the collision safely.

Suppose your accident only caused vehicle damage, and no one was injured. In that case, you must remain at the scene until you have met all other legal requirements, such as exchanging all contact information and giving assistance. There are exceptions, however, if you are on a busy street or highway. In this situation, you must move to a safe location, as close to the scene as possible but safely away from other traffic.

To Help Determine Fault, What Information Should I Collect At the Scene?

At the scene of any Texas auto accident, the first thing you must always do is make sure everyone is safe, assist those involved, and seek medical attention as soon as possible.

After that, you can focus on the important job of documenting the incident in detail and exchanging information with the other parties involved.

Some examples of the information you must collect are as follows:

  • Complete legal names and contact information of all parties involved.
  • Proof of insurance from every driver involved.
  • Vehicle registration information on all cars, trucks, etc., in the accident,
  • Take photos of the driver’s licenses of those operating the vehicles.

It’s critical to note that exchanging all this information in Texas is not optional; it’s the law.

To help prove what occurred and who was at fault, you must do as much as possible to document the scene. The information you collect will be invaluable to your experienced and well-versed car accident lawyer if you must sue for damages or due compensation. You can do this by taking photos of each vehicle, traffic signs in the area, conditions at the site, and anything you feel pertinent to proving what occurred. This evidence will later be critical in helping to prove to the Texas court what happened and who was liable for causing the accident.

Also, you must note that in Texas, drivers are required by law to report any accident that causes the following:

  • Any injuries, no matter how minor they may seem.
  • If a death occurred at the scene.
  • Amy’s property damage may exceed $1,000.

Failure to report a car accident to a Texas law enforcement agency could result in severe penalties, fines, or potential criminal charges, especially if you leave the accident scene.

If any driver is injured, you must render reasonable assistance, such as calling 911 and remaining at the scene until the ambulance or the authorities arrive.

If property damage occurs (even if it seems minor), it’s always prudent to report the accident. If you don’t report the incident and the damage exceeds $1,000, you could face dire legal consequences.

How Important is the Role of Negligence to Proving Fault In a Texas Auto Accident?

When your thorough and empathetic car accident lawyer must prove liability in your case, one of the first steps they will take is to investigate the traffic laws applicable to the jurisdiction where your accident occurred. These laws will provide insights into the current driving practices, and if a violation occurs, these facts will help to establish a presumption of negligence.

Suppose a driver went through a red light and collided with your car. That driver would almost always be presumed negligent due to disobeying the traffic laws. By determining facts like these, your skilled and experienced car accident lawyer, familiar with local laws, will solidly prove that the other driver was at fault and, therefore, their negligence caused the accident and contributed to your liability claim.

Negligence is a central point in almost all auto accident cases. In general terms, negligence legally exists when another person fails to exercise the standard of care required by law, resulting in damage or injury to another individual.
In all auto accident cases, negligence manifests itself in myriad ways, such as violating traffic laws, driving under the influence of alcohol or drugs, disregarding lousy weather conditions, and more. Your passionate and professional car accident lawyer will explain that establishing negligence is critical to proving liability.

I Have Been in a Car Accident in Texas; How Should I Proceed?

Of course, every case differs, but if you’ve had an accident in Texas, you must obtain the qualified, knowledgeable, and empathetic professional legal help you need. Car accidents are stressful enough, but if your vehicle has been damaged, or worse, you’ve been injured by a negligent driver, you must have thorough, dedicated, and attentive legal counsel to get the positive outcome you need.

The highly skilled, experienced, and empathetic car accident lawyers at the firm of Morgan Bourque Attorney at Law are aware that many may not want to file a lawsuit for damages or injuries after their accident; however, many times, when this is the only way to get the complete and total compensation you need and deserve.

Call them today at 713-766-3733 for a free consultation on your case. They will thoroughly analyze the situation, explain all your legal options, and advise you on the best legal path to recover the compensation you need and deserve.