How to Prove Fault in Auto Accident Cases
Working with a car lawyer will give your case the best chance of success. An attorney has the resources, skills, and experience needed to investigate an auto accident and identify all liable parties.
To determine fault, an attorney will:
Gather and Analyze Evidence
An attorney will gather vital evidence that can help determine which party was at fault.
Evidence can include:
- Photos of the accident scene, injuries, vehicle damage
- Video footage, if available
- Phone records
- Medical records
- Witness testimony
- Medical bills
- Pay stubs
- Police report/accident report
- Expert testimony
Consulting with Experts
A car accident attorney will often consult with accident reconstruction experts to recreate the collision to determine how the accident occurred, why, and which party was at fault.
Obtain a Copy of the Police Report
Once a police report has been completed, your attorney can obtain a copy. This report will contain important accident details, such as:
- A diagram of the crash site
- Any citations issued or arrests made
- Witness statements
- Statements made by drivers and passengers
- The responding law enforcement officer’s opinion regarding which party they believe was responsible for the crash
Additionally, if the reporting law enforcement officers believe that one of the motorists violated the law, they will issue a citation or even arrest the driver.
For example, if one of the drivers appeared to be intoxicated, the police officer could administer sobriety tests, blood tests, or breath tests to obtain evidence that the driver was operating their vehicle under the influence. This information can significantly strengthen the other driver’s case.
Both an attorney and an insurance adjuster will pay close attention to the contents of an accident report when determining liability. An accident report serves as an unbiased account of the accident and can help prove which party was responsible for the crash.
What is the 51% Bar Rule?
Texas is a modified comparative negligence state. Under this rule, accident victims can recover compensation for their medical bills and other losses, even if they were partially at fault for the accident. However, if they are 51% at fault or more for the collision, they will be unable to recover any compensation for their losses. If they are 50% or less at fault, they can still recover damages, but their damages will be reduced based on the assigned percentage of fault.
Negotiating with the Insurance Company
A car accident lawyer will use the evidence they have gathered, including the police report, to negotiate a fair settlement with the other driver’s insurance provider. During this time, the claims adjuster will try to pay out as little as possible. It will be up to your attorney to negotiate a fair settlement. However, if the insurance company refuses to make a reasonable settlement offer, they can file a lawsuit on your behalf. An attorney will only file a lawsuit if they believe you will stand a better chance of recovering the compensation you deserve in court. During this time, they will continue to negotiate with the insurance company. Fortunately, the majority of these cases are settled out of court. An insurance company always wants to avoid a long and costly trial.
