The priority list of determining fault is:
1- Did you break a traffic law?
2- Was your violation of the traffic laws the cause of this accident? If not, go to number 3.
3- If you were not the cause of the accident, then did your violation of traffic laws contribute to the accident? If so, you are partially at fault. The more your particular traffic law violation contributed to the accident and others’ injuries and damages, the more percent at fault you will be assigned.
4- Was the other party responsible for the accident in any way? If not, you are free from blame.
5- If it can be proven that you were 100% at fault for this accident, your claim against the other driver(s) will fail, and your insurer will pay your damages.
In Texas’s car accident, the police report determines what percentage of the blame is assigned. However, even if it appears that you are not at fault – do not simply rely on the word of another driver unless their story seems to mesh with your own.
Even though this driver may be trying to “cover” for their actions, it may still cause you to have a higher percentage of blame assigned. Instead, it is best, to be honest with the police or insurance adjuster about precisely what happened during the accident, including any traffic violations committed by all parties involved.
Remember – being at fault in an accident can have more severe consequences than just paying for damages. If you are found to have been violated traffic laws or are partially at fault, your license can be suspended, and you may even receive a citation for the violation.
It is recommended to engage a Fort Worth personal injury attorney when in a car accident, even if you think your violation was minimal. Many attorneys offer free consultation and can help guide you through the murky waters of negligence law.
After assessing the fault of every party involved, you will be able to determine whether or not it is in your best interest to take legal action against another driver.
Benefits of working with a legal professional
- You will have a friendly, knowledgeable ally on your side to walk you through this confusing process
- They can represent you legally and negotiate with opposing parties for optimal recovery
- A reasonable attorney understands how insurance companies work and the best methods of getting the most out of your claim
- Hiring a lawyer allows you to concentrate on recovering from your injuries and not have to worry about the legal aspects of your case, as they handle all correspondence and negotiations with insurance companies
In conclusion, the process of determining who is at fault in a car accident can be complicated. It is strongly recommended to speak with one or several attorneys before trying to do this on your own.