It’s scary to think that after a car accident, the other driver can point the finger at you.
It’s your word against theirs, right?
That doesn’t have to be the case.
Determining fault in car accidents isn’t just about what the accident scene looks like, what the other driver claims, or an insurance adjuster’s assessment.
It comes down to solid evidence and strong legal representation — someone who can construct a rock-solid case to get you the compensation you deserve.
To help you prepare for the road ahead, we’ll go over some common accident types, showing how fault is usually determined and what exceptions there may be. Then, we’ll discuss how Texas law handles fault, how insurance companies determine fault, and what you need to do to prove your version of events.
Ready to let the experts take the reins? Start with a free case evaluation from No Bull Law. We can provide honest, no-BS insight on the outlook of your case.
Car accidents happen in all kinds of scenarios, such as at intersections, in parking lots, while changing lanes, and so on.
Figuring out who was at fault can be pretty straightforward in some cases or highly complex in others. And in Texas, multiple people can be at fault (we’ll explain how shared fault works in the next section.)
Below, we’ll explore some common car accident scenarios and unpack how fault can be determined in each case.
But remember: It takes more than a cursory glance at the accident scene to say who was at fault. Every case deserves careful investigation and consideration of relevant evidence.
1. Rear-End Collision
A rear-end collision happens when Driver A crashes into the back of Driver B’s vehicle. According to the National Safety Council (NSC), these accidents make up 40% of all crashes in the U.S.
Many think that the rear driver (Driver A) is always at fault in this type of accident. In reality, fault will fall on whichever driver acted negligently.
Driver A could be at fault for not applying their brakes in time due to distracted driving or following too closely.
Alternatively, Driver B could be at fault if they braked suddenly and without good reason or abruptly pulled into Driver A’s lane.
2. Multi-Vehicle Rear-End Collision
A rear-end collision can very easily turn into a multi-vehicle accident. For example:
- Driver A rear-ends Driver B.
- Then, Driver C, coming from behind, can’t stop in time and collides with the rear of Driver A.
- Alternatively, after Driver A and B collide, they skid forward and hit Driver D in front of them.
Here, the same rules as above apply. The driver who started the chain of events usually bears the majority of the blame.
If Driver B braked suddenly, they are not only at fault for their collision with Driver A, but for the collisions between Drivers A and C as well.
If Driver A hits Driver D because they were rear-ended by Driver B’s distracted driving, Driver B is at fault for that collision.
3. Rear-End Accident While Reversing
Another rear-end accident scenario can occur when Driver A is reversing, usually out of a driveway or parking space, and collides with Driver B behind them.
Driver A will be at fault if they failed to thoroughly check if it was safe to reverse.
However, Driver B can still be partially or even fully at fault — e.g., if they were not paying attention to the road or driving the wrong way down a one-way street.
4. T-Bone Collision
A T-bone or angle collision happens when one driver collides straight-on with the side of another driver’s car.
Angle collisions often happen at intersections when a driver disobeys right of way, traffic lights, or road signs. For example, imagine that Driver A wants to cross over a road and thinks they have enough time to do so before Driver B reaches the intersection. Driver A misjudges and collides with Driver B.
Under normal circumstances, Driver A would be at fault because they didn’t have right of way. However, Driver B might be partially or fully at fault if, for example, they were speeding or driving without their lights on at night.
5. Side-Swipe Accident
A side-swipe accident is when one car's side impacts another's side.
These accidents often happen when a driver drifts across the boundary line between traffic lanes or fails to check their blind spot while changing lanes.
Say Driver A collided with Driver B while attempting to merge into their lane in front of them. Since Driver A is the one who crossed the boundary line, they’re likely to be at fault. However, Driver B may share fault if they accelerated to prevent Driver A from merging.
6. Head-on Collision
Head-on collisions, where one car collides straight-on into the front of another vehicle, can be very serious accidents. They often happen on highways at high speed while someone is overtaking or when a driver loses control of their vehicle.
Often, the driver who was facing oncoming traffic at the time will be at fault, but only if they acted unreasonably. For example, they may have tried to pass a vehicle on a blind corner or where they didn’t have enough clearance.
The other driver could be at fault if they were speeding or driving without headlights at night.
However, either driver can only be found at fault if they could have avoided the collision with reasonable care.
There are two key facts about how Texas handles fault in vehicle accidents:
Texas is an at-fault state, meaning the driver responsible for an accident must compensate the victim.
The state also follows modified comparative negligence (or comparative fault), whereby:
- Each driver is assigned a percentage of fault
- You can claim compensation if you’re less than 51% at fault, but your payout is reduced by your percentage of fault
- If you’re 51% or more at fault, you can’t claim compensation, and you are liable to compensate the accident victim
For example, imagine a rear-end accident where Driver A was 70% at fault, and Driver B was 30% at fault. Driver A is liable for Driver B’s damages, but Driver B’s compensation can be reduced by 30%.
But what if there were multiple vehicles involved?
Say a third car (Driver C) also collided with Driver A and B but couldn’t have avoided the crash.
In a multi-car accident, if you are less than 51% at fault, you can claim compensation from any driver who was more at fault than you.
This means:
- Driver A is 70% at fault and cannot claim compensation.
- Driver B is 30% at fault and can only claim from Driver A, but their compensation would be reduced by 30%.
- Driver C is 0% at fault, so they can claim damages from both other drivers and their compensation won’t be reduced.
Now, you may be wondering: Who comes up with these percentages?
In Texas, the process starts with the at-fault driver’s insurance company.
When you file an accident claim with the at-fault driver’s insurance company, an adjuster reviews the evidence from both sides and assigns fault percentages.
However, insurance adjusters often shift blame to minimize payouts, since any fault they assign you reduces the amount they need to compensate you.
Sounds unfair?
Yes, but fortunately, their comparative fault determination doesn’t have to be the final word. You have the right to challenge it.
The best way to do this is by hiring a personal injury lawyer. They can help you gather additional evidence and make well-structured arguments to get a fair fault assessment and settlement offer.
If negotiations fail, your attorney can help you file a lawsuit. If it reaches court, they will represent you, and a judge or jury will determine fault.
Whether settling or suing, you will need a strong case to prove that another driver was negligent while you were not.
In order to recover compensation for your car accident case, you must be able to prove these three key elements:
- Duty of Care and Breach of Duty of Care: By Texas law, all drivers have a duty of care to follow traffic regulations and drive responsibly. So, unlike most personal injury cases, you don’t need to prove this duty exists. Instead, you only have to prove that the other driver breached the duty of care, failing to act reasonably and responsibly.
- Causation: Next, you must be able to show a link between the driver’s action and your outcomes, proving that their breach of duty of care caused the accident and resulting damages.
- Damages: Finally, you must have evidence of your damages to show that the amount of compensation you expect to receive is fair and accurate.
So, what evidence can you use to prove your claims?
Here are some examples:
- Photos and videos of the scene and vehicle damage
- Security camera footage of the accident
- The police report and crash report
- Records of your damages, such as income records, medical records, and repair quotations
- Witness testimony
- Doctors’ testimony regarding your injuries and prognosis
- Expert testimony and crash reconstruction
- Testimony from your friends and family that speaks to emotional impact for non-economic damages (e.g., pain and suffering)
Your personal injury lawyer can help you gather and submit this evidence, along with strong arguments that prove the elements of negligence. But they also do much more than that.
Building an Airtight Case with a Personal Injury Law Firm Like No Bull Law
No Bull Law is a personal injury law firm that specializes in injury cases like car accidents, with a full spectrum of expertise from minor distracted driving accidents to lethal DUI accidents. We are experts when it comes to securing full compensation in insurance settlement negotiations and lawsuits.
You may wonder if it’s necessary to hire a personal injury lawyer when you can handle it for yourself.
But did you know: According to a study by the Insurance Research Council, claimants get 3 to 3.5x more compensation on average when they have a personal injury lawyer?
Our personal injury attorneys can walk you through the entire process for your accident claim — gathering evidence, submitting paperwork, handling the back-and-forth communications, negotiating, and giving you expert advice when you need clarity on anything.
This removes a lot of the stress and frustration from the process, allowing you to focus on healing.
Here’s how the process works with No Bull Law:
- You contact us for a free, no obligation consultation where we discuss your case and answer your burning questions
- We go over your case and come up with a game plan
- If we take your case, we’ll be by your side until the very end, fighting tirelessly for justice
And if you’re worried about payment, No Bull Law works on a contingency basis. That means no upfront costs and no fees unless we win. That’s right, you don’t owe us anything if we can’t secure a settlement or judgment in your favor.
Instead, we take a percentage of your final compensation. But you can still expect to receive far more on average, even after deducting our fees, than others get without a lawyer.
6 FAQs About Fault in a Texas Car Accident
Determining fault isn’t always clear-cut; cases can take many twists and turns. We’ll answer some common queries below so you feel more confident approaching your car accident claim.
1. What’s the Difference Between Liability, Fault, and Negligence?
These words are often used interchangeably, but they all mean slightly different things.
- Liability is a legal obligation to compensate someone for damages
- Fault refers to who caused the accident
- Negligence is a failure to take reasonable care
In many cases, all three of these apply to an at-fault driver, but sometimes they can apply separately.
For example, a driver who caused a head-on collision after skidding on black ice into oncoming traffic may have been technically at fault, but they didn’t act negligently, so they can’t be held liable.
Here’s another example: A driver operating a vehicle at work might act negligently and cause an accident, so they’re at fault. However, the vehicle may be insured by their employer, so the employer is liable, not the driver.
2. What Do At-Fault Parties Have to Pay For?
In an at-fault state like Texas, the liable driver has to pay for all damages incurred by the accident victim, including:
- Economic Damages: Financial costs like property damage (e.g., vehicle damage), loss of income, medical expenses, and legal expenses.
- Non-economic Damages: Factors like pain and suffering, emotional distress, and loss of quality of life, which don’t have an inherent financial cost.
- Punitive Damages: A court may award you additional punitive damages if the at-fault driver displayed criminal negligence (e.g., in DUI accidents or extreme speeding accidents) or malice.
3. What Should You Do to Mitigate Liability at the Accident Scene?
Even if you weren’t at fault for an accident, you can put your car accident case in jeopardy if you don’t do all the right things at the scene.
Follow this advice to protect your car accident claim:
- Don’t leave the scene before speaking to the other drivers and exchanging contact information.
- Take pictures and videos of the accident scene before moving your cars out of the flow of traffic.
- Don’t admit fault or apologize, as this can be used against you during the settlement process.
- Stick to the facts when speaking to the other drivers and police.
- Don’t be aggressive or violent.
- Don’t discuss your injuries with the other drivers.
- Seek immediate medical attention if you have even a minor injury and follow medical advice completely.
4. How Does Fault Work in a Hit-and-Run Accident?
If the at-fault driver flees the scene, you can’t file a claim against them until they’re identified. Call the police immediately. They’ll investigate and try to track the driver down.
If the police find the driver, you can proceed with your case against them as usual. Because hit-and-runs are a second-degree felony in Texas, you may be eligible for punitive damages in court.
In the unfortunate event that you can’t locate the at-fault driver, you may need to seek alternative compensation, such as through uninsured or underinsured motorist coverage (UI/UM), personal injury protection (PIP), or collision coverage. A personal injury lawyer can help explore your best options.
5. Besides Drivers, Who Can Be Held Liable for a Car Accident?
Some vehicle accidents are not caused by driver negligence. And, as mentioned, sometimes liability falls on someone besides the driver. The following non-driver parties can sometimes be held liable for damages:
- Vehicle Manufacturers and Parts Manufacturers: When a vehicle malfunction causes an auto accident that the owner couldn’t avoid with normal vehicle maintenance.
- Businesses: When the at-fault driver was in a vehicle owned and insured by their employer.
- Government Agencies: When road conditions or road hazards cause an accident.
- Pedestrians and Cyclists: When a non-driving road user causes a motor vehicle accident.
- Vehicle owners who weren’t driving: When a vehicle owner (e.g., a parent) allows someone else (e.g., their child) to drive their vehicle, especially if they knew the driver was unfit to drive.
Note: Drivers can also be at fault for an accident even if they weren’t involved in the collision. For example, Driver A skips a red light, causing Driver B to swerve to avoid them; Driver B then collides with Driver C. Driver A is still at fault and liable even though they avoided the collision.
6. What Happens if No One Is At Fault for a Car Accident?
You cannot claim compensation from another driver, person, or entity if there was no fault or negligence involved — e.g., if the accident was caused by extreme weather conditions or a natural disaster.
However, you can often still recover compensation from other insurance policies, such as PIP, collision coverage, health insurance, and short- or long-term disability insurance. Your car accident lawyer can assist you with this.
Protect Yourself From Unfair Fault Assignments
Getting fair compensation for a car accident can get tricky when drivers have conflicting testimony and insurance companies try to shift blame to minimize payouts. Understanding your rights, how fault works in Texas law, and how to prove liability can strengthen your position when it comes to car accident settlements.
But the best thing you can do to ensure proper fault determination and compensation is to hire an experienced car accident lawyer from a reputed firm like No Bull Law.
At No Bull Law, we don’t let insurance companies push you around. Our experienced attorneys fight for every dollar you deserve without adding the extra financial stress of up-front costs.
So, let’s talk. Reach out today for a free case consultation.
