Determining who is at fault after a car accident in Austin, Texas, is an important part of recovering compensation. The driver who caused the crash may be responsible for your medical bills, lost income, property damage, pain and suffering, and other losses.
However, fault is not always obvious. Multiple drivers may contribute to the same accident, and insurance companies may disagree about who was responsible. McMinn Law Firm can investigate your crash and help you understand your options. Contact us today at (512) 474-0222 for a free consultation with an experienced Austin car accident lawyer.
How Can McMinn Law Firm Help Determine Fault After a Car Accident in Austin, TX?
Insurance companies may conduct their own investigations after a crash, but their conclusions about fault are not necessarily the final word. Evidence from an accident in Austin, TX, can help establish how the collision occurred.
Our Austin car accident attorneys can:
- Investigate the accident scene
- Obtain and review police reports
- Gather photographs and available video footage
- Interview witnesses
- Review vehicle damage
- Preserve electronic vehicle data when available
- Consult accident reconstruction experts when necessary
- Identify traffic laws that may have been violated
- Determine whether multiple parties share responsibility
- Handle negotiations with insurance companies
- Take your case to court when necessary
McMinn Law Firm has more than 50 years of combined experience and has recovered more than $500 million for clients. Contact us today for a free consultation with an Austin personal injury lawyer.
How Is Fault Determined After a Car Accident in Austin?
Fault generally depends on whether a driver acted negligently and caused the collision. Drivers have a responsibility to operate their vehicles with reasonable care and follow applicable traffic laws.
Evidence of negligence may include:
- Speeding
- Distracted driving
- Running a red light or stop sign
- Following too closely
- Failing to yield
- Making an unsafe lane change
- Driving while impaired
- Driving too fast for road or weather conditions
- Failing to maintain control of a vehicle
A traffic violation can be important evidence, but determining liability often requires considering all of the circumstances surrounding the accident.
What Evidence Can Help Prove Who Was at Fault?
When drivers disagree about what happened, physical and electronic evidence can be particularly important.
Evidence used to determine fault may include:
- Police reports
- Accident scene photographs
- Surveillance footage
- Dashcam recordings
- Witness statements
- Vehicle damage
- Skid marks and debris
- Electronic vehicle data
- Cell phone records when relevant
- Medical records
Preserving evidence early can make it easier to reconstruct the events leading to a collision.
Does the Police Report Determine Who Is at Fault?
A police report can be important evidence after a car accident. It may include statements from the drivers and witnesses, details about the crash, and information about any traffic tickets issued.
However, the police report does not make the final decision about who is legally responsible. Insurance companies, attorneys, and courts may consider the report along with photos, videos, witness statements, and other evidence.
A lawyer can review all available evidence to help determine who caused the accident.
Can More Than One Driver Be at Fault for a Car Accident?
Yes. Texas uses a modified comparative negligence system, which allows percentages of responsibility to be assigned when multiple parties contributed to an accident.
Your compensation is reduced by your percentage of responsibility. You cannot recover damages if your percentage of responsibility is greater than 50%.
For example, another driver may have made an unsafe turn while an insurer argues that you were speeding. Evidence can help determine whether both drivers contributed to the crash and how responsibility should be divided.
Who Could Be Liable for an Austin Car Accident?
The other driver is often the primary responsible party, but some accidents involve additional individuals or businesses.
Potentially liable parties may include:
- Another driver
- An employer whose employee caused a crash while working
- A commercial trucking company
- A vehicle or auto parts manufacturer
- A company responsible for loading or maintaining a commercial vehicle
- Another party whose negligence contributed to the accident
Identifying all potentially responsible parties can be important, particularly after a serious or complicated collision.
What Compensation Can I Recover If Someone Else Caused My Accident?
If another party is responsible for your Austin car accident, you may be entitled to compensation for the losses caused by your injuries.
Potential damages include:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Physical impairment
- Scarring and disfigurement
- Loss of enjoyment of life
The value of your claim depends on your injuries, financial losses, percentage of fault, available insurance coverage, and other case-specific factors.
How Long Do I Have to File a Car Accident Lawsuit in Texas?
Texas generally gives you two years to file a car accident lawsuit. Certain circumstances can affect the deadline, so it is important to determine the time limit that applies to your specific case.
Acting quickly can also help preserve surveillance footage, vehicle data, witness testimony, and other evidence that may help establish fault.
Contact an Experienced Austin Car Accident Lawyer for a Free Consultation
Determining fault after an Austin car accident can be complicated, particularly when drivers and insurance companies disagree about what happened.
McMinn Law Firm has more than 50 years of combined experience and has recovered more than $500 million for clients. Reach out to us today to schedule a free consultation with an experienced Austin car accident lawyer.
