Have you been in a car accident in Texas? Is the other driver or another party trying to say that you were the one at fault? Then, you need to know how to fight back and set the record straight. The best way to do so is by hiring your own Texas car accident lawyer. They can help you find and present the evidence you need to prove the other party is at fault.
Determinations of fault are not always cut and dry – and sometimes, they need to be contested. Fighting fault can mean ensuring justice, maintaining your driving record, and getting the recovery you deserve. Here’s what you need to know about disputing fault in a Texas car crash case.
How Is Fault Determined in a Texas Car Crash?
Law enforcement officers at the scene gather preliminary evidence and statements to establish fault immediately after a crash. In most cases, they draft official reports that include their observations and initial findings – possibly including their opinions regarding who was at fault. Shortly after, the insurance companies that issued the drivers their policies will conduct their own investigations. Their investigations might include inspecting vehicle damage, interviewing witnesses, and gathering additional evidence.
Depending on the circumstances, any of the following could serve as evidence of fault after a wreck:
- Photo evidence – Pictures from the scene can show vehicle damage, road conditions, traffic signals, and skid marks, all of which can illustrate how the accident occurred.
- Video evidence – Surveillance video from nearby traffic cameras, security cameras, or dashcams can provide real-time footage of the accident. The video may show exactly what happened before, during, and after.
- Witness testimonies – Statements from people who saw the accident allow investigators to piece together a clearer picture of events leading up to the collision.
- Expert testimonies – Experts like accident reconstruction specialists and medical professionals can analyze accidents and injuries and provide opinions on likely causes and effects.
- Vehicle damage – The extent and location of the damage on each vehicle can indicate how the collision occurred and which driver was at fault.
- Medical reports – Clinical descriptions of crash injuries can indicate the force and direction of impact, supporting claims about how an accident happened.
What Are the Steps to Dispute a Car Wreck?
The person at fault for a car accident in Texas is responsible for paying for its consequences. As such, an insurance company’s decision to find you at fault could have serious financial consequences. But if you believe you were wrongly assigned blame after a car wreck, you can still fight it.
You can challenge an initial determination of fault and protect your rights by taking the following steps:
- Consult an attorney – A skilled personal injury attorney can provide valuable insights and strategies aimed at proving the other driver or another party was truly to blame. They can also handle every other step on this list on your behalf.
- Gather evidence – Compile all relevant documentation, including police reports, photographs, video footage, medical records, and other pertinent evidence to support your claim.
- Obtain witness statements – Track down any potential witnesses to the accident and get statements or testimonies that support your perspective.
- Hire an accident reconstruction expert – These professionals can recreate the accident scene and provide expert opinions regarding fault for complex cases.
- Challenge the insurance adjuster’s decision – Present your evidence to the insurance company and follow their procedure for challenging the initial determination of fault.
- Consider mediation – If the dispute remains unresolved, mediation can be a cost-effective way to reach an agreement with the other party without going to trial.
- File a lawsuit – If all else fails, you might need to take legal action. Filing a lawsuit can compel the other party to take negotiations more seriously or, ultimately, ask a court to decide.
Will a Police Report of the Accident Say Who Is At Fault?
A police report is an essential document after an accident. But while it usually provides a detailed account of the events, it doesn’t always explicitly state who is at fault.
Instead, most police reports detail facts, observations, and witness statements the officer collects from the scene. Sometimes, a police report will include the officer’s opinion about potential violations or contributing factors. These elements can suggest fault but do not determine it conclusively.
Insurance companies and attorneys often use the police report as just one piece of evidence among many when making fault determinations. It’s always wise to review police reports for accuracy and consult an attorney if you notice any discrepancies.
Can the At-Fault Driver Collect Any Compensation from the Accident?
Texas follows a modified comparative negligence doctrine, a law determining who can recover compensation when multiple parties are at fault. Under this law, someone partially at fault for a car accident can still collect compensation. But the more they are at fault, the less they can recover for their losses. And if they are more than 50 percent to blame for the accident, the law bars them from recovering any compensation.
Here’s how it works in practice: Suppose you were involved in a car accident that a court of law determines you were 30 percent at fault for causing. You can still recover compensation, but your total award will decrease by 30 percent. So if your total losses amounted to $100,000, you would only be eligible to recover 70 percent of that amount – or $70,000.
A Texas car accident attorney can help fight to minimize the fault assigned to you and maximize the compensation you are owed.
Should I Give the Insurance Company a Recorded Statement?
Always exercise caution when dealing with insurance companies after an accident. While you must report the accident to your insurer, you are not required to give a recorded statement to the other driver’s insurance company.
It’s wise to consult an attorney before providing any recorded statement, even to your own insurer. Adjusters can use recorded statements against you. And without proper legal guidance, you might inadvertently say something to jeopardize your claim.
Remember, insurance adjusters are trained to minimize payouts. They might ask leading questions or frame them so that your answers make you appear more at fault than you are. Always prioritize your rights by seeking legal advice before giving any formal statements.
Contact a Texas Car Accident Lawyer
Everyone involved in an accident has a unique story. Yours deserves to be heard. If you believe there was an unjust determination of fault in your accident case, it’s time to take action. Let The Wilhite Law Firm champion your cause and guide you toward a fair resolution.
Contact The Wilhite Law Firm today for a free consultation with a Texas car accident attorney.
