Texas is a fault state when it comes to car accident claims, and people who cause an accident are liable for any resulting financial losses. Specifically, Texas law dictates that anyone who is 51% or more at fault for an accident is ineligible to recover for damages—such as medical bills, lost wages, and property damages—through an insurance claim or lawsuit, so knowing how to determine who’s liable in a car accident is critical.
How to Establish Fault
In a personal injury case, the injured person bringing the lawsuit (the plaintiff) must be able to prove a few things before she can sue the accused (the defendant), including that he had a duty of care to uphold, he failed to do so, he caused an accident, and that the crash caused the plaintiff direct harm. Establishing liability may include employing the following as evidence:
- The written word. Important documents like the notes you took at the scene of the accident, the police report, the other driver’s cell phone records, and codified Texas car accident law may all be used in your favor when determining liability. These items may contain even a minute detail that could support or benefit your argument.
- Photos and videos. The images you captured in the moments after the wreck may provide insight into the cause of the crash, or your attorney may be able to obtain security video footage of the other driver in the last moments before the crash. It’s possible these media can reveal fault.
- Witnesses. If other folks saw your accident, it’s possible they saw what occurred right before, also—which may mean a passerby has critical information about who is really liable. Additionally, your attorney can advise you on whether an expert witness (such as a seasoned skid mark analyst, for example) may be able to help place fault correctly.
It’s also important to note that if you’re involved in an accident like a rear-ender or left-turn wreck, the other driver is usually at fault—and an attorney can use this information in your favor, too.
Your Attorney Is On Your Side
If you’re concerned about proving the other driver’s liability after a devastating crash, it’s important you contact a skilled attorney for a free consultation. The experienced attorneys at The Cain Law Firm can represent you in a timely manner. We can listen to the details of your case, construct a solid claim, and fight for your fair compensation. You can speak with a member of our team today by filling out the contact form on our website.