Being involved in an accident of any kind is a stressful and overwhelming experience. If you have sustained any injuries, or if you have lost a loved one in a car accident, it can be difficult to know what the next steps are. For many, the appropriate action is to file a lawsuit. When that is the case, one of the first things that must be addressed is who is at fault. Determining fault in a car accident is one of the most difficult aspects of these types of cases. And, perhaps more importantly, who is at fault directly affects the type of compensation you will receive. In Texas, determining fault in a car accident can be a lengthy ordeal.
Determining Fault in Texas
While many other states are “no-fault” states – meaning the driver does not have to prove fault and can submit a claim to their own insurance company – this is not the case in Texas. Texas is considered a “fault state”, which means that insurance companies are in charge with determining who is at fault in a car accident. This can work either for or against you, depending on the circumstances surrounding the accident. This means that, if you were injured in a car accident because of the actions or negligence of another driver, you will need to file a claim with the other driver’s insurance company in order to receive compensation for your injuries.
While insurance adjusters are in charge of looking into the case and determining what happened and who caused the accident, they are not always on your side. The insurance company is looking out for its own interests, not necessarily yours. This is why you need to contact an experienced personal injury attorney following a car accident to learn what your rights and options are. Never talk to an insurance adjuster, as they may use your statements against you at a later date to deny your claim.
When it comes to determining fault in Texas car accidents, there are a handful of factors to take into consideration. Some of the most common types of evidence that are considered in a car accident claim include:
● Photographic evidence of the accident and damage – If you have been involved in an accident, it is important to take photographs of everything in the scene. This includes taking pictures of all vehicles involved, the surrounding area, any injuries, and the road. These images could help your case and could make a big difference in determining fault.
● Statements from witnesses – Another important factor when determining who is at fault in a car accident in Texas is witness statements. Following any type of accident, always get the names and numbers of any witnesses. Your attorney may want to speak to them and obtain statements which could help your case.
● Any important medical records – If you sustained any injuries in an accident, the first thing you should do is seek medical attention. Medical records can help prove you received treatment for your injuries, which will in turn show someone else was at fault.
If you have been injured in a car accident in Texas, please contact Rad Law Firm today and schedule a free consultation with one of our Dallas personal injury lawyers today.
The consultation is free and you are under no obligation.