How to Determine Fault in a Car Accident in Texas

Police Reports

The police can determine who is at fault in a car accident, although they do not have to state it in the police report. However, police reports contain important information about the crash site, photos of the crash, notes, and statements from eyewitnesses and the drivers. If the other driver was drunk and got a ticket, this is crucial information to have. If the other driver got a ticket for speeding, running a red light, or reckless driving, this affects your case and compensation. A police report and the officer's testimony at a trial could help you win your case and the just compensation you deserve.

Insurance Company Adjuster

The insurance company will assign an adjuster to your car accident claim. Their job is to determine fault. However, if they are from the insurance company of the other driver, they are also looking to put the blame on you. They will most likely contact you for a statement, at which case you will refer them to your top-rated personal injury attorney. Do not give them a statement, especially if it's recorded. They most likely will conduct their own investigation of the car accident, visiting the crash scene, looking at evidence, hiring experts, interviewing witnesses, and examining the damage to the vehicle. They will determine fault based on the legal definition of negligence in the state of Texas. However, you can appeal their decision.

The Judge or Jury

If your car accident case goes to court, the judge and/or jury will determine who is at fault and will have the last word. They will also determine compensation at that time. Their job is to listen to the case of each side, taking into consideration all of the evidence and circumstances of your case, and then deciding fault. If you lose, your car accident attorney can appeal the decision.

The Evidence

In a car accident case, the evidence is crucial in determining fault. One of the best ways to determine fault is through photographs of the scene. The damage to the vehicle plays a large part, as well as the injuries sustained. Other forms of evidence that can turn the tide in your Houston car accident case include surveillance footage, such as cameras at an intersection, and forensic evidence that can determine the speed of the vehicles involved and more.

Expert Testimony

The testimony of experts also plays a large role in determining who is at fault, especially in car accident cases where it is not immediately clear. Expert testimony can include an accident reconstructionist who can determine if someone ran a red light or who entered the intersection first, a forensic pathologist if a death occurred who can state if the car accident caused their death definitively, or the testimony of a physician as to the extent of your injuries.

A Top-Rated Car Accident Attorney

A top-rated car accident attorney in Houston can help determine fault by pulling together all of the evidence and piecing together what happened when the two or more cars got into an accident. They then assemble a case that they present to the insurance company and/or judge and jury in order to sway their opinions on who is at fault in a car accident.

Multiple Drivers of Three or More Cars Involved

A car accident becomes infinitely more complicated if more than one car is involved. This is because multiple drivers could have hit your car, each causing different parts of your injury or increasing its severity. Here, multiple drivers could be determined to be at fault and at different percentages, which then means different compensation for each. Here, a top-rated Houston car accident attorney is worth their weight in gold.