How is the Fault Determined in a Car Accident

On Behalf of | Apr 29, 2013 | Personal Injury

Being in a car accident can be traumatic and in the case of serious injury, life changing. In most cases, both drivers involved tend to blame the other driver for the accident and no one wants to take the blame themselves. So how is the fault determined in an accident?

There are several factors that are considered. The law enforcement agency is just one part of assessing the fault. While a law enforcement agency does not actually determine who was at fault, they are the ones that will collect evidence that will support the decision of who was at fault. It is usually an insurance investigator that will gather the information that is collected by law enforcement and determine fault. This evidence will include things such as the statements that are made by the drivers as well as any eye witnesses that were at the scene. There will also be photos taken and if applicable any video footage that was obtained at the scene as well as any other physical evidence that is available.

Once all of the evidence has been collected, the next step is to determine if either party acted in a negligent manner. Each person that sits behind the steering wheel of any motor vehicle is obligated to follow certain rules while driving. The first is that the driver must pay attention to the roadway. A driver should always be aware of their surroundings. The second responsibility that a driver has to do what is necessary to avoid an accident. Even if the driver is not the one causing the accident, he/she must act within reason to avoid the collision. The third responsibility is to follow the Texas rules of the road. It is the duty of the driver to follow every law and statute that are set forward regarding traffic laws.

If any of the three rules are breached, then the investigator will try to link the breach of the driver duties to the accident and establish causation.

If you have been injured because of the negligence of another driver, a Texas personal injury attorney can assess the case for you and represent you in your lawsuit.