Determining Fault After a Texas Car Accident

Texas follows a fault-based insurance system, which means the party responsible for causing the crash is also responsible for compensating victims. Understanding how fault is determined is key to protecting your rights after an accident.

Insurance Companies and Fault Determination

After a crash, each driver’s insurance company conducts its own investigation to determine who was at fault. Adjusters typically follow a structured process that includes:

• Reviewing the police report: Insurers rely heavily on the officer’s account of the accident, including any citations issued, statements from drivers, and observations of the scene.
• Interviewing drivers and witnesses: Adjusters often contact everyone involved to obtain written or recorded statements. Consistency between statements can carry weight in determining liability.
• Examining vehicle damage: The type and location of damage on each car can reveal how the collision occurred and which driver likely caused it.
• Analyzing photos and videos: Pictures taken at the scene, dashcam recordings, or traffic camera footage provide a clearer timeline of events.
• Applying traffic laws: Adjusters compare the facts of the accident to Texas traffic laws to see whether a driver violated a statute, such as failing to yield or running a red light.
• Consulting accident reconstruction experts: In more complex cases, insurers may bring in specialists who use physical evidence, skid marks, and vehicle dynamics to recreate the accident.

After gathering this information, the insurance company prepares a liability assessment. This assessment outlines which driver—or drivers—it believes caused the crash and how claims will be handled. The conclusion directly impacts whether a claim is paid, denied, or reduced.

How Attorneys Determine and Prove Fault

While insurance companies conduct their own investigations, attorneys perform independent reviews to protect the interests of accident victims. The process is thorough and evidence-driven. Steps often include:

• Collecting official records: Attorneys obtain police reports, crash reports, and any supplemental documents to establish the initial facts of the accident.
• Interviewing witnesses: Lawyers track down and question people who saw the crash, often uncovering details missed in initial statements.
• Preserving physical evidence: Vehicle inspections, photographs of the scene, and debris analysis are used to reconstruct how the accident happened.
• Requesting electronic data: Modern vehicles often contain event data recorders (“black boxes”) that capture speed, braking, and steering information before impact. Attorneys may also obtain cell phone records if distracted driving is suspected.
• Working with experts: Accident reconstruction specialists, engineers, and medical professionals provide expert testimony that connects the negligent behavior to the injuries sustained.
• Applying Texas traffic laws: Attorneys compare the facts of the case to applicable state statutes and traffic rules to clearly demonstrate violations.

By assembling this evidence, attorneys create a comprehensive picture of how the crash occurred and why the other driver is legally responsible. This process strengthens claims and provides a solid foundation for negotiating with insurers or presenting the case in court.

Schedule a free consultation with one of our attorneys today to discuss your case.

Texas is a Fault-Based State

Under Texas law, the driver who causes a crash must pay for the injuries and losses of others. Victims may pursue compensation through:

• A claim against the at-fault driver’s liability insurance.
• A claim with their own insurance, which may later seek reimbursement from the responsible party.
• A personal injury lawsuit in civil court.

This system places significant importance on determining who was at fault and to what degree.

The Role of Comparative Negligence in Texas Car Accident Claims

Texas uses a modified comparative negligence rule, often called the “51% bar rule.”

Under Texas Civil Practice and Remedies Code § 33.001, you may recover compensation as long as you are not more than 50% at fault for the accident.

• If you are found 51% or more responsible, you cannot recover damages.
• If you are less than 51% at fault, your compensation is reduced by your percentage of fault.

For example, if you are awarded $100,000 in damages but found 20% at fault, your recovery would be reduced to $80,000. You can read more about compensation here.