Proving who was at fault in a car accident is largely a matter of determining who was negligent. In many cases, the answer will be apparent – but in some instances, you and your personal injury attorney will need to prove fault in order to collect just compensation.
Proving fault is easier if you can provide official support for your claim. This can be in the form of:
Police report: If the police have been called to your accident scene, there is a written record of the officer’s investigative finding. Obtaining a copy of the police report will be important to help prove your case.
Texas traffic laws: If the other driver violated one of Texas’ traffic laws and that violation led to the accident, this can also assist in bolstering your case. Your personal injury lawyer will know the specific Texas traffic codes and whether or not the other driver violated one or more of them.
Type of accident: There are certain types of accidents that leave little room for doubt when determining fault. If another driver hits you from behind, it is almost never your fault. This is because of a basic “rule of the road” that requires a driver to be able to stop safely if traffic in front of them has stopped. If you were going straight and a vehicle making a left-hand turn turned in front of you, that driver is generally found to be liable.
Even if you were somewhat at fault in the accident, you may still be able to obtain some compensation if the other party was also careless and at least 51% responsible for the accident.
If you or a loved one has suffered an injury, the experienced personal injury legal team at Roberts & Roberts is here to help with compassionate, aggressive representation. Please call 800-248-6000 or contact us for a free consultation.