What You Need to Know About Proving Fault After a Texas Car or Truck Accident
If you’ve been in a car or truck crash in Texas, your first priority should always be getting care for your car accident injuries. But once you’ve received medical attention, you may wonder if you are owed any compensation for the crash. One step to finding that out is determining who was at fault for the accident.
Figuring out who was at fault isn’t always easy. The other people involved or insurance companies may try to place the blame on you to avoid paying compensation or facing punishment for the accident. Thankfully, there is a formula to ascertain who was at fault.
The Formula for Proving Fault After a Texas Car or Truck Accident
The most important thing to remember after an accident is not to discuss the details of the accident with anyone. That means don’t share pictures or details on social media or tell family members. Insurance companies or opposing lawyers may try to use this information to blame you for the accident.
There are three steps to proving another driver was at fault for an accident:
- You were owed a duty of care — Duty of care is the easiest to prove. Anytime a driver is behind the wheel, they have a responsibility to drive safely.
- The duty of care was breached — Anything a driver does to breach their duty of care, like impaired driving, speeding, or running red lights, can put them at fault for the accident.
- You suffered an injury or loss — For you to have a legitimate case against the other driver, you need to have suffered an injury or loss as a result of the crash. This can include property damage, bodily harm, or emotional distress.
What Evidence Do I Need to Prove Fault?
After the accident, it’s best to contact a car accident attorney before taking any further steps. Collecting the proper evidence to prove who was at fault can be challenging, and an attorney can guide you through the process.
- Witness Statements — In addition to their description of the events, a witness’s statement needs to include their name and contact information.
- Pictures or Videos of the Accident — Pictures or videos can be from witnesses, a dash camera, street cameras, nearby security cameras, or any pictures you took in the aftermath of the crash.
- Police Reports — A police report will have unbiased details of the accident, which can be very beneficial when trying to prove fault.
Let Our Car Accident Attorneys at Villalobos Law Firm Help You Prove Fault!
Proving fault can be tricky, but you don’t have to face the insurance companies or other parties alone. The experienced and trusted team at Villalobos Law Firm can help you gather the evidence you need and fight for the compensation you deserve.
Rest and heal from your injuries and let us do the heavy lifting. From collecting evidence, proving fault, and negotiating with insurance, your McAllen car accident attorneys have you covered!
