Determining Fault in a Texas Car Accident

Although road, weather, and traffic conditions may be contributing factors in some car crashes, the majority of auto accidents and injuries are the result of reckless and negligent behaviors on the part of one of the drivers involved. When you are involved in these types of collisions, determining who is to blame is an important factor in fighting for the full and fair compensation you need to recover.

Proving Fault in a Car Accident

Proving fault in a car accident generally means showing the other driver was negligent. If another driver’s negligent actions are directly responsible for your crash or collision, he or she can be held liable for the costs associated with any injuries or property damages you suffer. There are two primary ways in which your insurance company can prove fault:

  • Through police reports: When you are involved in any type of accident, regardless of how minor, you should notify law enforcement immediately so that an accident report can be filed. In addition to providing information on the drivers and vehicles involved, these reports often contain valuable information about the accident scene, the conditions under which the accident occurred, and names and statements from any witness who were present.
  • Through your own statements: When dealing with police, other drivers, or insurance companies after an accident, be careful to avoid making any statements admitting liability, as these can and will be used to dispute or deny your claim.

Even if you are partly responsible for the accident, under the Texas law you may still be entitled to compensation if the other driver shares a greater portion of the blame.

How Fault Can Impact Your Car Insurance Rates

The Texas Department of Insurance (TDI) advises that while there are several policy types and levels available, many insurers in the state use the Texas Personal Automobile Policy, a standardized form that provides the following eight basic types of coverage:

  • Liability coverage
  • Collision coverage
  • Comprehensive coverage
  • Medical payments coverage
  • Personal injury protection (PIP) coverage
  • Uninsured/underinsured motorist (UM/UIM) coverage
  • Towing and labor coverage
  • Rental reimbursement coverage

Numerous factors affect the amount you will pay for these types of insurance, including your age, the type of car you drive, and your driving record. If you are proven to be at fault for an accident, the TDI advises that you could end up paying for your mistake with higher insurance policy rates, both now and in the following years.

Contact Us Today for Help

If you have been hurt in a car accident in Texas, contact The Bob Richardson Law Firm today. We provide professional legal representation for clients in the Austin and Waco areas and can advise you on your options for pursuing the compensation you need. Watch our video on how our  lawyers can help you, and call or contact our office online for a free case consultation.