Tx: Who determines fault in a traffic accident?

When a traffic accident occurs, the priority is to treat the injured and assess the damage. However, the question soon arises: who determines fault in a traffic accident? Answering this question is crucial, as it determines who will be responsible for covering medical expenses, vehicle damage, and other related costs.

In the United States, an average of 40,419 traffic deaths occur each year and in 2023 alone, these accidents cost the U.S. economy $460 billion. These figures underscore the importance of knowing your rights and the laws that govern these cases so that, in the event of an accident, you know what to do and who is responsible.

In this article from Abogado Dang – Accident Attorney, we explain the key factors involved in determining fault, the legal processes involved, and why having an accident attorney can be essential to protecting your rights.

Key factors in determining guilt

Fault in a traffic accident is determined by taking into account several factors. Authorities and insurers analyze different types of evidence, such as statements from those involved, eyewitnesses, police records, and, in some cases, accident reconstructions.

However, the law varies by state, and Texas has specific rules that affect how who is responsible is decided.

Initial investigation

When an accident occurs, an investigation by traffic authorities immediately begins. This investigation includes gathering information such as:

• Statements from drivers and witnesses
• Road and weather conditions
• Damage to the vehicles involved
• Photographic evidence and videos

n many cases, the resulting police reports play a key role in determining culpability. These reports represent the observations of the responding officer and their interpretation of the facts.

Although the police report may offer a suggestion as to who is at fault, it has no definitive legal value.

This is where the role of a traffic accident lawyer becomes essential, to accurately analyze the situation and ensure a correct interpretation of liability.

What does Texas law say about fault?

In Texas, the legal system for determining fault in traffic accidents is based on modified comparative negligence, which means that more than one person can be held responsible for the accident.

This law, known as the “51% Rule” or comparative fault rule , has important implications for those involved in an accident.

Under Texas law, if you are partially responsible for the accident, you may still be able to receive compensation, as long as your percentage of fault is less than 51%.

That is, as long as you are not considered more culpable than the other party, you have the right to claim compensation. However, the compensation you receive will be reduced proportionally to the degree of responsibility assigned to you.

For example, if you are found 20% at fault, you will only be eligible to receive 80% of the total compensation you would have received had you been free of liability. Thus, if the total compensation were $100,000, you would receive $80,000.

On the other hand, if your liability is 51% or more, you would lose the right to receive any compensation. This system seeks to ensure that liability is distributed fairly among the parties involved, considering each party’s contribution to the accident.

This approach has a direct impact on settlements with insurance companies, as they often use this formula to reduce payouts. Therefore, it’s essential to have the support of legal counsel, who can defend your case and help demonstrate that your liability as a victim was minimal.

Insurers and the determination of fault

When a traffic accident occurs, insurance companies play a crucial role in determining fault. After an accident, each party involved must contact their insurance company to begin the investigation process. This analysis includes reviewing evidence, statements from those involved, police reports, and other key pieces of evidence.

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It’s important to keep in mind that, although insurers have a responsibility to compensate their policyholders, they often protect their own financial interests. This can influence how they interpret the facts and determine liability, sometimes even seeking to reduce compensation payments.

As mentioned above, the modified comparative negligence system plays a decisive role in this process. If both parties are found to be at fault, the insurer will use each party’s percentage of liability to calculate the compensation amount.

For example, if the investigation concludes that you are 30% at fault, you will only receive 70% of the total compensation you would be entitled to. This mechanism is used by insurers to reduce the value of the claims, minimizing their losses.

For this reason, it’s essential to have a car accident attorney assist you in negotiations with insurance companies and help you seek fair compensation. One of our attorneys will be able to properly assess the situation, refute possible attempts to increase your percentage of liability, and protect your rights throughout the process.

Key evidence in determining guilt

Once the initial investigations and insurance assessments have begun, a series of pieces of evidence are gathered to determine who is responsible for the accident. Some of the most important evidence includes:

1. Witness statements

Witnesses who witnessed the accident can provide an objective perspective on what happened. In many cases, their testimony is crucial in determining who was responsible. Be sure to obtain the contact information of any witnesses present at the scene.

2. Photographic evidence and videos

Photographs of the accident scene and the vehicles involved can be essential to demonstrating how the accident occurred. Likewise, if there are traffic cameras in the area or video footage recorded by witnesses, these can be crucial to clarifying the facts.

3. Police reports

As we mentioned before, police reports play a significant role. Although they are not conclusive, they can tip the balance in one direction or another, especially if officers make observations about who might have violated traffic laws.

4. Accident reconstructions

In more complex cases, accident reconstruction experts may be called to testify. These experts analyze vehicle damage, road markings, and other factors to recreate the accident and help determine who was responsible.

5. Medical records

Injuries and their treatment can also be important clues. For example, the location and severity of injuries can indicate how the impact occurred and who was most likely responsible.

Protect your rights with the support of Abogado Dang – Accident Attorneys

In the critical moments after a traffic accident, having an attorney who knows how to deal with insurance companies can make the difference between receiving fair compensation or losing what you’re owed.

At Abogado Dang – Accident Attorneys, we specialize in defending your rights, thoroughly investigating each case and using our extensive experience to effectively negotiate with insurance companies.

What makes us different?

• Personalized approach: We take the time to understand every detail of your case.
• Proven results: We have a successful track record of obtaining fair compensation for our clients.
• Attention in Spanish: We offer clear legal advice in your language, regardless of your immigration status, so there are no communication barriers.

Don’t let insurance companies diminish your compensation. Contact us today to find out who determines fault in a car accident and let us fight to defend your rights while you focus on your recovery.

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Information verified by lawyer Loc Dang

Loc Dang is a founder and member of our legal team. In this blog, Attorney Dang shares his expertise to guide accident victims.