How Fault Is Determined After a Car Accident

Determining fault is one of the essential steps after a car accident so the victims are then able to seek compensation without question of whether or not they are actually entitled to any payment.

Texas, like many of the states in the US, uses something known as “modified comparative fault” or “proportionate responsibility” in order to first determine fault in an accident, and then determine how much a victim is entitled to based on their level of fault for the crash.

Using this type of framework to assign fault helps to provide victims with appropriate levels of compensation based on whether or not they contributed to the accident in any way.

Historically, comparative negligence left little to no options available for a driver if they were found to be even minorly at fault for the accident, but with the modified laws that many states use, it simply results in a reduction of their final award.

Read more below to get a better sense of how fault is determined after a car accident, as well as why it is so important to ensure that you are not assigned any more fault than you are rightfully responsible for so that you get the money you actually deserve. Visit Lee, Gober & Reyna, PLLC in order to speak with an experienced attorney who can help you understand the various methods that they will be able to use in order to resolve your own situation and get you a fair damage award.


Evidence, such as a toxicology report that proves the other driver was drunk is extremely important when trying to understand who is at fault for an accident. However, many accidents do not have clear evidence such as a failed breath test, a dashcam, or other hard facts that prove fault. However, every piece of information that you gather that helps to paint a complete picture of the accident will be very helpful in this process.

Admissions of Guilt

Sometimes determining fault after a car accident can be as easy as getting an admission of responsibility from the other driver. If the other driver was texting and driving and admits to the police that this was a major factor in how the accident happened, then it can save you a significant amount of effort that would otherwise be spent attempting to find other ways to prove your innocence.

Make sure that you do not make any statement that could be even construed as an admission of guilt at the scene of the accident. Even apologizing might come back to haunt you because although it is a natural reaction to want to apologize in this situation regardless of guilt, it can be used to show that you knew that you were at fault.

Eyewitness Statements

Eyewitnesses can be the difference in a clear case and uncertainty over who is at fault. Whether or not you think that you will need legal help for a personal injury case as a result of your accident, getting contact information and accounts from eyewitnesses can be extremely important and could make or break your argument.

In many cases, a driver may have been engaging in reckless or negligent behavior before they came into your own view, but other drivers may be able to attest to their actions.

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