How Do You Determine Who Is at Fault in a Car Accident?

• August 1
• EVANS / DESHAZO / REILLEY
• Car Accidents

If you or someone you love has been involved in a car accident, you are not alone. Driving in Texas is dangerous; there is a vehicle crash every 57 seconds. Many of these cases trigger insurance and legal claims, where determining fault is important.

If you’ve been in a car accident, you know firsthand that assigning fault isn’t always straightforward. While some scenarios point to one party, many others involve shared or disputed liability.

If you or someone close to you has recently been in an accident, knowing how fault is determined can help you make wise decisions. Engaging an experienced car accident lawyer, one who will investigate your case, establish liability, and fight to maximize your compensation, is one of the first steps in responding to an accident.

The team at EVANS / DESHAZO / REILLEY has an outstanding reputation for providing high-quality, successful representation.  Contact them at (512) 732-2727 to schedule your free consultation today.

Understanding the Law

Why Determining Fault Is Important

Car accidents can result in overwhelming expenses. Texas remains an “at-fault” insurance state, meaning that to recover damages from another party, you must prove they were responsible for the crash.

A recent update to Texas law, effective in 2023, reaffirmed the modified comparative fault rule — known in the statute as “proportionate responsibility.” However, the amendment clarified that a claimant found to be 51% or more at fault is barred from recovery, even in multi-party accidents involving road hazards, municipal liability, or product defects.

For instance, suppose a driver runs a red light and hits your vehicle. However, if you were speeding and your speed significantly worsened the crash’s impact, fault might be split. Let’s say the other driver is found 75% at fault, and you are 25% responsible. You could still recover compensation, but it would be reduced by your share of fault — in this case, 25%.

To recover anything under current law, you must be no more than 50% responsible for the accident. Your car accident attorney can assess your situation and help you prove fault and damages under this updated legal framework.

Recoverable Damages

In Texas, victims may pursue compensation for both economic and non-economic losses. Determining personal injury settlements can be complicated as they are comprised of categories of damages, economic, non-economic, and punitive. Economic damages are easy to understand and straightforward.  They may include:

• Medical Expenses: These include emergency care, hospitalization, rehabilitation, prescriptions, and follow-up treatment. Keeping accurate records of care and receipts for costs is important in proving your case.
• Property Damage: This refers to the cost to repair or replace your vehicle or any damaged personal items, including electronics (laptops, or sporting equipment, for example).
• Lost Wages: Individuals who sustained injuries often miss work as they recover. Time away from a job due to injury is compensable with adequate documentation. Be sure to track your time and be able to show proof of salary/wages (important documents include tax forms, pay stubs, etc.).
• Reduced Earning Potential: If your injuries impact your ability to work long-term, you may seek future income loss.

Non-economic damages, on the other hand, tend to be more challenging to quantify. These may include physical pain, emotional distress, mental anguish, or diminished quality of life. New guidance from Texas courts (2024) encourages juries to more carefully consider mental health impacts after serious crashes, including diagnosed PTSD.

Finally, in egregious cases involving reckless behavior, like intoxicated driving, punitive damages may also come into play.  This compensation is awarded as a punishment to the offender to discourage others from acting similarly.

Be aware of Texas’s statute of limitations: you generally have two years from the date of the accident to file a lawsuit. That said, certain exceptions, such as for minors or incapacitated individuals, exist. In all cases, don’t delay taking action—speak to an attorney to preserve your rights.

How Do You Know Who Is at Fault in a Car Accident?

Determining fault is important. Depending upon the circumstances, it can be incredibly difficult, but there are several things that your car accident attorney can do to help ultimately identify fault and prove negligence.

Review Police Reports

Calling the police after an accident is essential. Their official report contains useful data, including identities, insurance information, accident location, observed road conditions, and sometimes preliminary conclusions about who was at fault. Texas law, updated in 2024, now requires law enforcement to include dashcam footage when available, offering new layers of evidence.

Consult the Texas Transportation Code

Traffic laws protect individuals operating motor vehicles as well as pedestrians. Violations of these laws, including illegal lane changes, speeding, certain cell phone usage, and distracted driving, can be claimed as negligent behavior.  For instance, updated state law now prohibits handheld phone use in active school zones, construction zones, and for all drivers under age 18. Violation of these laws may strongly suggest fault, and the issuance of citations can help identify the responsible party.

Types of Accidents and Presumed Fault

Quite often, the nature of the crash provides clues about who is to blame.  Consider the following examples.

• Rear-End Collisions: Usually, the rear driver is at fault for following too closely or not braking in time.
• Left-Turn Accidents: The turning driver is typically liable unless the oncoming driver was speeding or ran a light.
• T-Bone Collisions: These require deeper analysis—was someone running a stop sign or ignoring a traffic light?

Of course, there are exceptions to all situations. Expert witnesses, such as accident reconstruction specialists, can use crash data to make precise fault determinations.

Getting the Settlement You Deserve

How Do Insurance Companies Determine Fault?

Since Texas is an at-fault state, insurance companies perform independent investigations after an accident. The insurer of the party found responsible must pay damages. This involves reviewing evidence, including:

• Police reports
• Eyewitness accounts
• Vehicle damage
• Cell phone records
• Dashcam or traffic camera footage (now more accessible under a 2023 transparency law)

While the insurance companies involved may encourage you to work directly with them to resolve your issue, this is not advisable. Insurance companies are businesses, and their representatives are charged with protecting their bottom line. Thus, their goal is to get you to minimize your compensation. They are not looking out for your best interests.

Damages in auto accidents can be considerable, and there likely are some you have not recognized. It is wise to engage the services of an experienced car accident attorney; this professional will help to identify the totality of your losses.

Contact EVANS / DESHAZO / REILLEY Today

Our Car Accident Attorneys Are Ready to Go to Work for You Immediately

Automobile accidents are traumatizing. Simply recovering from the experience and your injuries can require all of your efforts. Managing the insurance and legal processes is overwhelming; it is a lot of work, and it can be difficult to know what to do and when to do it.

Our team of car accident attorneys at EVANS / DESHAZO / REILLEY has a reputation for providing high-quality, responsive service. We understand the stress you are under and are prepared to manage your case from beginning to end. When you work with us, you can rest assured that we will perform an in-depth investigation, negotiate aggressively with your insurance company, and represent you in court should litigation become necessary.

If you or someone you love is the victim of an accident, contact us today at (512) 732-2727.