Insurance companies decide who is at fault after an accident in Texas by reviewing police reports, witness statements, photographs, vehicle damage, and other evidence and assigning each involved party a percentage of responsibility.
After a car crash, the other driver or their insurer may attempt to shift blame to you. A Houston car accident lawyer from Omega Law Group Accident & Injury Attorneys can gather evidence to prove what really happened and protect your right to compensation.
How Do Insurance Companies Determine Fault After an Accident in Texas?
After a car accident in Texas, insurance companies generally begin deciding who is at fault by gathering as much information as possible about the crash. When determining fault, they may consider:
- Police reports: An adjuster may review the responding officer’s description of the accident, statements from drivers and witnesses, citations issued at the scene, and any preliminary conclusions about what happened.
- Photos and videos: Pictures of the vehicles, roadway, traffic signals, skid marks, property damage, and surrounding conditions can help establish how the collision occurred.
- Witness statements: Independent witnesses may provide information about which vehicle had the right of way, whether someone was speeding, or whether a driver was distracted.
- Vehicle damage: The location and severity of damage can provide clues about the direction and force of impact.
- Traffic laws: Insurers may determine whether a driver violated a traffic law, such as running a red light, following too closely, speeding, or failing to yield.
- Driver statements: What each driver says about the accident may be taken into account.
- Medical records: Medical documentation can help connect your injuries to the accident and establish the extent of your resulting losses.
- Other available evidence: Dashcam footage, traffic cam footage, surveillance video, cell phone records, vehicle data, and accident reconstruction evidence may also become relevant.
Does the Police Report Determine Who Is at Fault?
A police report can be important evidence in a car accident case, but it does not legally determine who is at fault for a car accident in Texas.
In their report, the responding officer may document statements from drivers and witnesses, describe the location and condition of the vehicles, identify traffic violations, and provide an opinion about how the accident occurred. An insurance adjuster may rely on this information when evaluating a claim, but they will also take other pieces of evidence into account.
In addition, an officer’s decision not to issue a ticket does not necessarily mean that the other driver cannot be held responsible for your injuries and other losses. If you need to obtain a police report for your claim, a car accident attorney from Omega Law Group can help.
What Happens if Both Drivers Are At Fault?
If you were partially responsible for a car accident in Texas, you may still be able to obtain compensation. According to the state’s modified comparative negligence rule, you can recover damages for a car crash as long as you are no more than 50% at fault for it. However, your total payout will be reduced by your percentage of fault.
If the insurance company assigns at least 51% of the blame for the crash to you, you will be barred from recovering compensation. A personal injury lawyer from Omega Law Group can help ensure you are not assigned more of the blame than you deserve.
How Long Does It Take an Insurance Company to Determine Fault?
Every car accident case is different. Straightforward claims can be resolved within days, while more complex claims may take months. The time it takes for an insurer to determine who is at fault for your crash will depend on factors like the availability of evidence, the number of parties involved in the accident, and whether anyone admits fault.
Can You Dispute an Insurance Company’s Fault Determination in Texas?
Yes, you can dispute an insurance company’s fault determination in Texas. If you disagree with their assessment, you can provide additional evidence supporting your version of events. You can also negotiate with the insurer over the amount of compensation they are offering.
If the insurer still refuses to change their determination, you can file a personal injury lawsuit. In the event your case goes to court, a judge or jury will make the final decision regarding who is at fault for your crash.
A personal injury attorney from Omega Law Group can help challenge unfair fault determinations and, if necessary, represent you in court.
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What Should You Do if Fault Is Disputed?
If the other driver or an insurance company disputes who is responsible for your car accident, you should:
- Document the accident: Take photographs and videos of the vehicles, roadway, traffic signs, and any visible injuries.
- Talk to witnesses: Trade contact information with any people who saw the accident.
- Keep your records: Save medical bills, repair estimates, wage-loss documentation, prescriptions, and other records related to the crash.
- Follow your doctor’s advice: Continue receiving medical treatment and keep records of your appointments and symptoms.
- Avoid admitting fault: Do not casually apologize or speculate about what you could have done differently when speaking to other drivers, police, or insurance adjusters.
- Avoid giving recorded statements: If an insurance adjuster requests a recorded statement, tell them that you won’t provide one until you have a lawyer.
- Get legal help: If fault is disputed or your injuries are substantial, an attorney from Omega Law Group can review the evidence and assist with your Texas injury claim.
Contact a Car Accident Lawyer in Texas
An insurance company’s initial determination of who is at fault after a Texas accident is not a final legal ruling. If a driver or their insurer has unfairly blamed you for a crash, a car accident lawyer from Omega Law Group can help gather evidence that proves otherwise and fight for the compensation you are entitled to.
Schedule a free consultation to discuss your case with a lawyer.
