How Do You Determine Fault in a Texas Car Accident?

How Do You Determine Fault in a Texas Car Accident? Featured Image

In most states, car insurance is fault-based. When you’re at-fault, you end up paying for all of the damages, and 100% of the blame falls on you. However, Texas isn’t like every other state, and insurance companies are constantly ruthless. Texas is a non-at-fault state—here’s what you need to know.


Document All the Evidence You Can

Since Texas is a special case, you could be going down a short road to a courtroom or other actions to determine who is at-fault. That being said, it’s imperative to acquire as much evidence as possible early on. Gathering the proper information as quickly as possible after the auto accident can save you a lot of time, money, and stress in the future. Here’s what you should do to aid your attorney in defining your case:


Take Photographs

One of the best things in the world is that we always have a camera with us. This means that immediately following the incident, so long as nobody is severely injured, you can begin photographing the scene. These pictures are invaluable, and in many cases, can be make-or-break to determining who is at-fault.


Gather Witness Statements

This one isn’t always easy, but if it’s possible, definitely make this a priority. Witnesses can come and go as they please, so it’s best to get their statements and contact information as quickly as possible. Whether you’re out on the highway at night or rolling through a crowded intersection, there’s a good chance that someone saw the incident, and can offer their insight into exactly what transpired.


Get a Copy of Medical Records

Were you sent to the hospital as a direct result of the crash? If that’s the case, you’ll want to request a copy of your medical records when you’re discharged. In some cases, it can take days for a hospital staff to actually get you copies of your records, which is why it’s best to tackle it early-on and be diligent. If you have to call them to remind them and ensure that you get those records, then do so.


These Steps Aid in Accident Reconstruction

Looking at photographs, reading statements, and going over the evidence of a hospital stay and the injuries sustained—these are all common practice to reconstruct the accident and take a good hard look at what happened. A case may use this evidence with the help of a professional accident reconstructionist to recreate the accident with digital animation for your attorney and possibly a jury to review.


A Jury Might Decide

If your crash goes to trial, every piece of evidence and information that you’ve gathered for the claim process will be brought into a Texas courtroom. When and if it reaches this stage, the jury will ultimately decide who is at fault based on various pieces of evidence, and the representation of your Texas car accident attorney.

© Copyright 2019 The Law Offices of Hilda Sibrian