How is fault determined after a Car Accident in Texas?
November 14, 2018 - Car Accidents
In 2017 in Texas, there were no days during which a fatal car accident did not occur. There were 614 pedestrian accidents. After a car accident, many people will deny that they were at fault to avoid receiving a citation or increased insurance premiums. Individuals who have been injured as a result of a driver’s negligence will need to prove that the other driver was at fault for the accident.
When an accident is reported, law enforcement officers will go to the scene to investigate the crash and potentially cite any drivers who were deemed to be at fault for careless driving and violation of other traffic laws. In some cases, officers do not find either driver at fault if the evidence at the scene appears to be inconclusive or if both drivers appear to be at fault.
Some cases of negligence are more obvious than others. For example, most of the time when a rear-end car accident occurs, there is a presumption that the driver who crashed into the car in front of them was driving unsafely either by driving too closely to stop in time or not paying attention to the road. In other cases, the assignment of fault is more difficult. If an accident occurs in an intersection and both drivers claim they had the right-of-way, investigators may need to look at other evidence like witness statements, camera footage, and traffic signal data to determine which driver is being truthful.
Insurance companies may conduct their own investigations to determine fault. They may take statements from their own insured driver and examine reports and photos taken at the crash scene. An insurance adjuster will usually inspect a damaged vehicle and take photos of the damage. If a driver is sued, an insurance company will sometimes settle the case if it appears their insured driver was at fault. In some cases, liability will be disputed.
A personal injury lawyer may be able to help car accident victims prove that another driver was at fault for an accident. An attorney may be able to help track down evidence that was not available at the time police officers created an accident report. For example, camera footage from a nearby business may show that a client’s account of the accident is true. Crash reconstruction experts can examine evidence from the scene of the crash such as photographs, skid marks and weather condition records to determine the cause of the accident. In Texas in 2017, cloudy weather was the main contributing weather condition in serious crashes followed by rain.
Contact Reyna Law Firm today
If you have been injured in a car accident, contact Reyna Law Firm. The statute of limitations for filing a claim is two years, so it is important to contact a lawyer right away. An attorney at Reyna Law Firm can help make sure that you are treated fairly by insurance companies. In cases where the at-fault driver refuses to admit fault, an attorney can help you prove your claim as well as the extent of your injuries.
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