Texas is an at-fault car accident state, which means that the person who caused a car accident is responsible for compensating someone who was injured in a car accident. This includes compensation for physical injuries and property damage, such as repairing or replacing a damaged car.
But how is fault determined? What happens if another driver caused a car accident but tries to blame the accident on you? In cases like this, it is important to have an experienced Texas car crash attorney on your side who can help you understand how fault is proven in car accidents.
Proving Fault in a Texas Car Crash
Even if both parties were partially responsible for causing the accident, one party is often at greater fault and carries the majority of the responsibility for the crash. There are many ways that fault can be proved in a car accident, and they all start with having strong evidence that tells the story of what happened. It is important to have an attorney with the resources and experience to conduct a thorough investigation of a crash and collect evidence proving which party was at fault. This includes:
- Gathering photos and videos from the crash site immediately after the accident
- Looking at video footage of the crash from dashcams, police cameras, and private businesses
- Talking to people who witnessed the accident
- Hiring car crash experts who can look at damage to a car, skid marks, and other evidence to recreate the sequence of events that led to the crash
- Subpoena a driver’s cell phone records
What Happens When an Insurance Company Tries to Avoid Paying a Claim?
Sometimes insurance companies will try to get out of compensating a car accident victim for the full extent of their injuries. They use various tactics to wear down victims or try to downplay the seriousness of an accident. These include, but are not limited to:
- Not thoroughly investigating an accident
- Deliberately undervaluing the damage to a car or the injuries to a person
- Purposefully not communicating clearly or on time
- Denying claims without giving a reason
- Trying to trick victims into admitting fault or describing their injuries as less serious than they really are
If you have been in a car accident and the at-fault party’s insurance company is attempting any of these behaviors, contact an attorney right away.
Call a Houston Car Accident Injury Lawyer
If you have been seriously injured in a car accident, the last thing you need to worry about is fighting to prove the other party was liable for causing the crash. At Law Office of Shane R. Kadlec, we work hard to complete a thorough investigation and will collect evidence that will not let an irresponsible driver off the hook. Call our offices today at 281-643-2000 to schedule a free consultation with our experienced Harris County car crash injury attorney.
Source:
https://www.amfam.com/resources/articles/on-the-road/determining-fault-car-accident
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