Personal Injury Lawyer

Laredo Texas

How is Fault Determined for a Car Accident in Texas?

Closeup of two heavily damaged cars with airbags deployed. Crash debris fills the road.

Getting to the bottom of what happened in a crash in Texas is critical.

Navigating the process of obtaining compensation for injuries sustained in a car accident in Laredo or anywhere else in Texas can be a challenge that requires significant time and resources. Texas operates under a "fault-based" system, meaning insurance companies must determine responsibility for the accident before extending coverage. As a result, individuals who have been injured in an accident caused by another driver can seek compensation for their injuries and other losses by filing a claim with the at-fault driver's insurance company.

Unfortunately, insurance companies dispute fault in car accidents to avoid responsibility for paying the claim. Remember, insurance companies are for-profit entities looking for ways to limit their financial exposure. Arguing fault is one way for them to do this, as they can try to shift responsibility for the accident to another party, thereby reducing the amount they have to pay out in claims.

This is why insurance companies will often hire their own investigators and attorneys to gather evidence and make arguments about fault. That's why it is essential for individuals injured in crashes to have representation from a car accident lawyer.

Having an attorney represent you can help increase the chances of obtaining appropriate compensation for injuries and other damages sustained in the crash. If you were injured in an accident that was not your fault, it's important to understand your potential legal options. Contact John R. Solis, Attorney at Law, today for a free consultation.

How to prove the crash wasn't your fault.

Examining evidence is central to determining fault in the aftermath of a car accident. In the immediate aftermath of a crash, as well as in the days and weeks that follow, various types of evidence are gathered to establish liability, including:

  • Photos that were taken immediately after the crash.
  • Videos from traffic cameras, commercial establishments, or dash cameras.
  • Testimony from individuals who witnessed the event.
  • Testimony from other passengers or drivers involved.
  • Information obtained from the vehicle's "black box."
  • Cellphone records of the drivers.
  • The official police accident report.
  • Traffic violations or criminal charges related to the crash.

However, in some instances, it may not be possible to prove fault based on the available evidence. This can occur when there is a limited amount of evidence or when responsibility is disputed among multiple parties. In such cases, the involvement of a knowledgeable accident reconstruction expert can prove to be helpful. Using technology to input the evidence collected can help create a clear picture of what likely transpired.

What happens if you're partially at fault for a car accident?

In Texas, the state operates under a modified comparative negligence system, which means that those found to be 51% or more at fault cannot recover compensation. Those found to be 50% or less at fault may still receive compensation, though in a reduced amount based on their degree of fault.

Consider a scenario where a driver rolls through a stop sign only to be hit by another driver who was speeding and intoxicated. The first driver may be found 40% responsible for the accident for failing to come to a complete stop, while the second driver may be deemed 60% responsible for their negligent actions. In such a case, a jury could award the first driver $100,000 for their damages, but this amount would be reduced by 40%, resulting in a final award of $60,000.

In cases involving partial fault, it is even more critical to seek help from an experienced car accident attorney who can explain your legal rights and potential options for compensation.

Contact a Laredo, TX, car accident lawyer.

After a serious car accident, navigating the aftermath can be challenging. The at-fault driver may deny any wrongdoing, and the insurance company may offer a settlement that doesn't fully cover the cost of your injuries. In these trying times, it's important to have an experienced attorney in your corner to aggressively advocate for your best interests.

Enter John R. Solis, a highly skilled Laredo car accident attorney with extensive experience successfully taking on big insurance companies. John is intimately familiar with insurance company tactics and knows how to secure the compensation injury victims and their families deserve.

Discover what our law firm can do for you, and contact us today to review your legal rights and options. There are no obligations, and we offer legal representation to injured Texans on a contingency fee basis. That means you pay no fees unless we win your case. To learn more, schedule a free case evaluation right now.

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