What Proof is Needed to Prove Fault for a Car Accident in Texas

If you’ve been in a car accident in Houston, TX it’s vital to be able to prove fault. This is because, in Texas, the innocent party will file through the insurance of the at-fault party and may even consider a lawsuit. This is why an experienced car accident lawyer is vital, just like those in our Houston office. We’ve put together this guide to explain the basics of proving fault and the evidence you’ll need to obtain.

How to Determine Fault

It’s not always easy to determine fault in a car accident. To do so, you must be able to show the following:

• The other driver had a duty of care to you
• The other driver failed in this duty of care either by an action they took or one they failed to take
• As a result of the failure of duty of care, they caused the accident
• Their failure led to damage to your car and injuries
• There are expenses as a result of this damage

What Does Fault Mean?

You don’t need to be totally blameless to be able to pursue a claim. For it to be deemed as the other driver’s fault, the accident needs to be considered to be at least 51% their fault. As long as your contribution to the accident is considered to be 49% or less, the other driver will be at fault.

The extent of the fault matters when calculating compensation. Any compensation payment due will be reduced by the proportion which you are considered to have contributed to the accident. For example, if you are judged to have contributed 49% to the accident, your payment will be reduced by 49%. This is known as comparative negligence and is the basis of Texas compensation law.

How Can Fault Be Proven?

There are many types of evidence that can be gathered to prove the other driver is at fault. This could include witness statements, police reports, footage from security cameras, dashboard footage, or any photos/videos that you have taken yourself. If you’re able to, it’s a good idea to take as many photos of the scene of the accident as possible, preferably from different angles. This will allow experts to make an accurate assessment about what happened.

Choose a Car Accident Lawyer

Choose a lawyer to handle your case as quickly as possible. The earlier they are involved, the more likely they will be to collect valuable evidence. They will work on your behalf to gather the necessary evidence to prove the other driver was at fault.

Writing a detailed account of what happened straight after the event can be very useful for your lawyer. If you include everything that you can remember, you might be able to provide some useful clues for your lawyer to pursue. Even information about the weather or local traffic conditions can help to provide an indication of where the fault might lie.

 We have many years of experience in helping clients get the compensation that they are entitled to. Get in touch with our team here at the Law Office of Shane R. Kadlec in Houston, TX to find out more.