You need to know how to determine who’s at fault in a car accident in any state. But it’s especially important to understand how to perform a car accident fault assessment in Texas.
That’s because the Lone Star State utilizes a modified comparative negligence rule when assigning responsibility in car crashes. After determining liability in vehicle accidents, those drivers found to shoulder over 50% of the blame can’t legally recover any damages by filing a car accident claim.
Discover how determining liability in auto collisions in Texas works below and why having a seasoned legal professional in your corner is crucial to ensure a fair determination of blame in the wake of an accident.
Reading Through Police Reports
Right after a car accident in Texas, spring into action and take the right steps by calling 911 and reporting your accident to the police. It’s the law.
Officers can respond to the scene of your car accident while medical personnel offer treatment for anyone who has sustained car accident injuries. They can also direct traffic around your accident and will aim to clean up the scene as soon as possible.
Just as importantly, the police will take statements from everyone on the scene and analyze the evidence left behind. This allows them to create a police report you can use to determine who was at fault for the accident. It’ll also point out any key factors influencing fault determination.
Referring to Traffic Laws
Was your Texas car accident caused by someone breaking the law at the time of your crash, including driving under the influence? If so, you might not have to spend too much time wondering how to determine who’s at fault in a car accident in this case, though the defendant might just as well try to pin the blame on you.
The driver who broke the law will often shoulder most of the blame by default. If, for instance, a driver was under the influence and ran into you or if you ran into someone else after they blew through a red light, they’d typically shoulder most of the blame for your crash.
Letting Insurance Companies Launch Investigations
Even though police reports paint fairly clear pictures of what goes down during Texas car accidents, many insurance companies prefer to conduct their own investigations. They might ask to inspect your car or speak with you about your accident to better understand what happened and determine the at-fault party.
Try not to rely solely on insurance companies to assign blame following Texas car accidents, though. They’ll usually look out for their interests and won’t always target the appropriate parties.
Conduct Separate Investigations Through Car Accident Lawyers
One of the final steps you should take after a car accident is to reach out to a trusted Texas car accident lawyer. They can conduct a separate investigation into your car crash and provide a more unbiased opinion than insurance companies.
The right car accident lawyer can also walk you through the legal process for determining fault and filing a car accident claim on your behalf. This could entitle you to collect compensation for your car crash to help pay for medical bills, lost wages, and other expenses.
Discuss How To Determine Who’s At Fault in a Car Accident in Texas With Us
Even if you know exactly how to determine who’s at fault in a car accident, doing so can present complications. Let The Dow Law Firm assist you as you seek to recover from a crash.
Call us at (512) 240-9951 or fill out this form to schedule a free consultation to touch base.