Determining fault in a car accident may, most of the time, feel like a tennis game, with each side volleying blame back and forth.
But in Texas, figuring out who’s responsible isn’t just about pointing fingers. Fault plays a major role in determining who pays for damages, including medical expenses, vehicle repairs, and lost wages.
Because the state follows an at-fault system, proving liability is essential to securing compensation through insurance claims or a lawsuit. This process can get complicated, especially when multiple parties are involved or when insurance companies dispute responsibility.
Let’s break down how fault is determined in Texas and what steps you can take to protect your rights after a car accident.
No, Texas is not a no-fault state.
Texas follows an at-fault system, meaning the driver responsible for the accident is liable for damages. This includes paying for medical expenses, property damage, lost wages, and other losses caused by the accident.
Because of this system, determining fault is a critical part of any car accident case. Thorough investigations are necessary to figure out who caused the accident and how much responsibility each party carries. Insurance companies rely on this determination to decide who pays for what, which is why collecting strong evidence (like police reports, witness statements, and accident photos) is so important.
With Texas law placing liability on the at-fault driver, having an experienced attorney can help ensure the right party is held accountable and that you receive the compensation you deserve.
No-fault and at-fault states handle car accident claims very differently, and it’s important to understand how these systems affect compensation.
The main difference is who pays for damages and how claims are handled. No-fault systems provide faster payouts but often limit your ability to sue. At-fault systems may take longer, but they allow injured parties to recover more compensation, especially if the injuries are severe.
Since Texas uses an at-fault system, proving liability is necessary to recover compensation for medical expenses, lost wages, and property damage.
But how exactly is fault determined? Let’s break down the legal principles and the evidence used to prove who’s responsible.
Fault in most car accidents comes down to negligence. Negligence happens when a driver fails to act with reasonable care, creating unsafe conditions that lead to an accident. Some common examples include:
When a driver’s negligence leads to a crash, they can be held legally responsible for the damages.
Statutory negligence occurs when a driver breaks a traffic law, and that violation contributes to the accident. In Texas, running a red light, driving under the influence, and ignoring stop signs are just a few violations that can establish fault.
For example, if a driver runs a red light and hits another vehicle, that action is strong evidence of negligence. Police reports often document these violations, making them important pieces of evidence. Violating any part of the Texas Transportation Code can be used to prove fault in your case.
In Texas, negligent behavior might include:
Texas follows a modified comparative negligence rule, meaning you can still recover compensation even if you are partially at fault—as long as your fault doesn’t exceed 50%. However, your compensation will be reduced based on your percentage of fault.
For example, if you were awarded $50,000 but found 20% responsible for the accident, you would receive $40,000. If you are found 51% or more at fault, you will be barred from recovering any compensation. This rule makes it crucial to present strong evidence that minimizes your share of liability.
Evidence is the backbone of any car accident case. Without solid proof, it can be difficult to convince an insurance company or a jury of who was responsible. Here are the key types of evidence that play a role in determining fault:
It’s essential to call the police even if your crash is minor. Once on the scene, law enforcement will gather critical details regarding the accident. They might interview drivers, passengers, and witnesses, and they will create a crash report based on their findings.
Accident reports can vary, but they usually contain the following information:
People are often hesitant to involve law enforcement after a minor crash. Commonly, one driver will try to talk the other out of getting a report. But the best way to protect yourself after an accident is to contact the police for a formal report.
After your accident, you’ll have to file a claim with your insurance company. Each driver will usually have their own insurance adjuster working to determine fault. It’s always best to consult an auto accident lawyer before speaking to an insurance adjuster. Even the slightest misstep or seemingly harmless answer can destroy your payout chances.
Adjusters typically handle the following:
It is an adjuster’s job to decide which driver was at fault. When a driver is found negligent, they can be held liable. For example, a driver who runs a stop sign or a red light exhibits dangerous, careless behavior, while a driver who waits at a red light does not. Other examples of negligence include drunk driving, tailgating, distracted driving, and reckless driving.
In Texas, injury laws require victims to prove certain elements if they hope to hold another party accountable for negligent actions.
These elements are:
One example of motorist negligence could be running a red light and colliding with a car that was going on green. Another negligent act could be a motorist who follows dangerously close and causes a rear-end collision.
When it comes to determining who is at fault in a Texas car accident, several factors come into play. Multiple types of evidence will be considered to conclude liability. Generally, the more documentation, the better your chances of prevailing in a personal injury lawsuit.
With a personal injury lawsuit, proving injuries through evidence is critical. Evidence that helps establish the nature and extent of injuries includes medical records, a doctor’s testimony, and professional opinions on any future medical treatment.
Law enforcement and insurers can both play a role in assessing property damage, particularly damage to your vehicle. Documentation like photos and videos can show the kind of damage to your car. For example, if the rear of your car is crushed, this could help your case that the motorist behind you is at fault.
When a case is complicated, the evidence might be examined by a forensic analyst. As someone who specializes in reviewing medical records, witness statements, photographs, and police reports, they can help all parties fully understand an accident. Their expert analysis builds the story of your crash from start to finish, ultimately determining fault.
In some instances, surveillance footage at the crash site can be valuable in helping prove fault. You may have dash cam footage, or you might be able to retrieve a copy of a video from a nearby shop, residence, or public space. Looking into video evidence of your crash is critical because few things paint a clearer picture and will help to determine who is at fault in a Texas car accident.
In Texas, liability isn’t always limited to the driver who directly caused the accident. Depending on the situation, others may also share responsibility, such as vehicle owners, employers, or even government entities.
Let’s take a look at common liability scenarios.
In accidents involving more than two vehicles, liability can be split among multiple drivers. For example, if a car rear-ends another vehicle, causing a chain reaction, the driver who initiated the crash may bear most of the responsibility. However, other drivers could also share liability if they were following too closely or failed to brake in time.
If someone causes an accident while driving a car they don’t own, the vehicle’s owner could also be responsible. This is particularly true if the owner knew or should have known that the driver was unfit to operate the vehicle, such as someone without a valid license or with a history of reckless driving.
For example, if a parent lends their car to a teenager who has a history of speeding tickets, the parent could share liability if an accident occurs.
If a driver causes a car accident while performing work duties, their employer may be held liable under a legal principle known as vicarious liability. This typically applies to delivery drivers, truck drivers, or any employee operating a company vehicle within the scope of their employment.
Poorly maintained roads, missing traffic signs, or faulty traffic signals can sometimes be the cause of car accidents. In these cases, a government entity responsible for maintaining the road could be held liable. However, suing a government entity in Texas is complicated and requires compliance with the Texas Tort Claims Act (TTCA).
One of the key requirements under the TTCA is that you must provide written notice of your claim within six months of the accident. This notice typically needs to include:
Failure to file this notice within the required timeframe can result in losing your right to sue. Even if you meet the notice requirement, specific procedures must be followed when bringing a lawsuit against a government entity. These cases often have damage caps, meaning the amount of compensation you can recover may be limited compared to private-party claims.
Texas roads remained dangerous in 2023, with crashes causing injuries and deaths across the state. During those 12 months:
Every two hours and three minutes, someone lost their life on Texas roadways in 2023. A reportable crash occurred every 56 seconds.
After a car accident in Texas, you have legal obligations that must be followed:.
You are legally required to stop at the scene of an accident. Leaving the scene without stopping could lead to criminal charges, even for minor accidents.
After stopping, drivers must exchange key information, including names, contact details, driver’s license numbers, and insurance policy information. If someone involved in the accident is injured or unconscious, law enforcement will help facilitate this exchange.
In Texas, you must report any accident that involves injuries, fatalities, or property damage exceeding $1,000.
Texas law gives you two years from the date of the accident to file a personal injury or property damage claim. Failing to act within this timeframe may result in losing your right to seek compensation. To avoid missing any deadlines, consult our attorneys here at Thompson Law as soon as possible.
Knowing what to do after a car accident can make all the difference when it comes to protecting your rights and securing compensation. Follow these steps to stay safe and build a strong case:
The insurance claims process can be overwhelming, especially when you’re recovering from an accident. But taking the right steps early can help protect your right to fair compensation.
Here’s a simple breakdown of what you need to do:
Car accidents can do more than leave you with injuries. They can also leave you struggling to recover financially. Knowing what expenses to expect can help you take steps to secure the compensation you deserve:
Here are some of the most common injuries Texas car accident victims face:
Being at fault in a car accident can lead to serious costs and financial strain. Here’s what you need to know and how to protect yourself.
When fault is in question, having a lawyer by your side can protect your rights and improve your chances of a favorable outcome:
Here at Thompson Law, we have recovered over $1.9 billion for clients and we understand how to handle fault disputes. With our contingency fee model, you don’t pay anything upfront, and we only get paid when you win.
If you’ve been involved in a car accident, don’t wait to take action. The sooner you act, the better your chances of securing the compensation you deserve. Evidence can disappear quickly, and delays could hurt your case.
At Thompson Law, we have recovered over $1.9 billion for clients by fighting for fair settlements and verdicts. Our team knows how to handle insurance companies, prove fault, and maximize compensation for medical bills, lost wages, and more.
We work on a contingency fee basis, meaning you pay nothing upfront—we only get paid when we win your case. Schedule your free consultation today, and let us start building a strong case for you. Don’t wait—contact us now and protect your right to compensation.
Thompson Law charges NO FEES unless we obtain a settlement for your case. We have put over $1.9 billion in cash settlements into our clients’ pockets.
Contact us today for a free, no obligation consultation to discuss your accident, get answers to your questions, and understand your legal options. State law limits the time you have to file a claim after an injury accident, so call today.
