Who’s at fault in a car accident in Texas?
Generally, the driver who caused the car accident is at fault — and responsible for paying for the damage caused. However, some cases are more clear-cut than others.
For example, a driver texting on their phone who rear-ends the car in front of them will nearly always be at fault. A driver who runs a red light and T-bones a car passing through a green light will usually be at fault, as well.
Other accidents are trickier. Say a driver is turning right from a stop sign onto a larger, busier road. A speeding car hits the driver as he pulls out. Because the car was speeding, that driver may be found partially at fault.
In some cases, companies that employ drivers may also be held liable after an accident. In 2020, two young children were killed near Sulphur Springs, Texas, after the vehicle they were riding in was struck from behind by an 18-wheeler. The driver of the tractor-trailer and the company who employed him were both sued, with attorneys alleging that the company inadequately trained and monitored the driver after hiring him. The case was settled in August 2022 for $150 million, with both the driver and his employer accepting fault.
Speeding is a factor in nearly a third of all traffic fatalities, according to the National Highway Transportation Safety Administration.
How do you prove fault in a car accident in Texas?
Since Texas is an at-fault state, it’s important to determine who caused a traffic accident and who’s responsible for paying. Depending on the circumstances of the accident, proving fault may be a simple, quick process or a long, drawn-out one.
Insurance companies typically begin the process, assigning claims adjusters or other accident investigators to gather facts and piece together who’s at fault. They’ll review any police reports and witness statements, and examine the damage to both vehicles. They may also interview you or witnesses. In serious crashes, the insurance company may hire accident reconstructionists to outline how the crash occurred.
With that information, your insurance company will make a determination of fault in the accident. The insurer will also total up damages and come up with a proposed settlement. Any money you receive will depend on your insurance policy, who’s at fault in the accident, and the extent of injuries or damage in the wreck.
If you disagree with the insurance company’s determination or don’t feel that you’re getting enough compensation, you may choose to hire an attorney and sue the insurance company or other driver. The case may also go to court if the insurance companies involved disagree about who’s at fault.
In court, a judge or jury may determine who’s at fault in the accident based on all the evidence presented at trial.
Learn More: When is a Car Considered Totaled?
Should you hire an attorney after a car accident in Texas?
Texas car accident laws can be complex. If you’re in a serious accident, you may want to hire an attorney to help you navigate the process. This is especially true if someone’s injured. An attorney can help you make sure you’re treated fairly by your insurance company and adequately compensated for the pain and damages you’ve suffered.
You may also choose to contact the Texas Department of Insurance’s Consumer Protection division if you feel you’re not being treated fairly by your insurer. The state of Texas has a legal bill of rights for personal auto insurance customers, which includes laws governing how insurers must handle claims. You can call the Texas Department of Insurance’s “Help Line” for free to get advice on how to move forward with a complaint.