In order to prove that the other driver was at fault in a car accident case, there are a number of steps you should take after the accident, which we will discuss in this article. Some of the most important steps include gathering evidence from the scene (such as photographs, driver information, and witness information), seeking medical attention, and contacting an experienced car accident lawyer.
Car accident injuries are often severe, and victims who have suffered due to someone else’s negligent behavior deserve to be compensated for all of their damages, including medical expenses, both past and future, and their emotional pain and suffering.
When car accidents involve collisions with commercial trucks, such as 18-wheelers or larger passenger vehicles, the chance of serious injury is even higher. Commercial trucks have the potential to weigh upwards of 30x that of a passenger vehicle, and this means the forces involved can be catastrophic.
Texas is a modified comparative fault state, which means that if any degree of liability is placed on you, your settlement will be reduced to reflect this. Having experienced representation could help ensure that you clearly establish the other driver’s fault and receive the compensation you deserve.
At Abraham Watkins, we believe that victims of car accidents deserve access to high-quality legal representation without an upfront cost. We offer a free consultation and work on a no-win no-fee basis. As a law firm that has been established for over 70 years, we are confident that if we take on your case, it will stand a high chance of success.
Arrange a free consultation with an experienced car accident attorney today at 713-535-9319.
Preserving Evidence to Prove Fault in a Car Accident Claim
After a car accident involving a commercial truck that wasn’t your fault, you can take steps to protect evidence both at the scene where the accident occurred and in the days, weeks, and months following the crash. All the evidence you have can be used by your attorney to help establish how the accident happened and how the other driver is at fault.
However, the most important thing after a car accident is your own safety and well-being. Therefore, you should not try and preserve evidence of the car wreck if your injuries are severe. Take a moment to check in with yourself, and if you think you could be seriously injured, then remain where you are and wait for paramedics to arrive.
Take Photographs of The Car Accident Scene
Photographs or videos are great sources of evidence and can help your attorney establish how the accident occurred. If safe to do so, try and get a photograph of the entire scene before any of the vehicles are moved. You should document all vehicles from every position, and any photographs from the scene that you think could be relevant such as skid marks, road debris, and damaged property.
You should ask all other drivers involved in the crash for their information, including their full names, vehicle registration, insurance information, and contact information. It is also worth checking if the driver owns the vehicle, and if they don’t, then ask for the owner’s name and contact information as well.
If the other driver was driving a company vehicle, such as a commercial truck or 18-wheeler, you must ask them for their company information as well as their commercial insurance company information.
If anyone witnessed the accident who was not involved, then you should ask for their names and contact information. An impartial witness could provide valuable evidence for your claim. However, you should not contact them yourself. Instead, you should pass the information on to your attorney so that they can follow up with them.
Police are required to attend a car accident scene that caused injuries or serious property damage. If a police officer does attend the scene, you should note their name and badge number so that you can track down the police report easily. The police report could provide invaluable information, such as whether the other driver was under the influence.
It is important that you cooperate with the police and tell them what you believe happened. This will ensure that your side of the story is in the report. If the police do not attend the scene, then you should report the accident to your local police as soon as possible. This is also an opportunity for you to have your voice heard.
If your accident involved a commercial truck driver, it is crucial that they are tested for alcohol or drugs if you suspect they are under the influence. Truck drivers have a lower tolerance limit for alcohol and even a single drink could put them over the legal limit.
Seek Medical Attention
In order to have a successful personal injury claim after an accident that wasn’t your fault, you will need to prove that you have sustained damages. That it why it is essential that you seek a medical examination as soon as possible. Doing so will also help to protect your health, as serious injuries could be hidden by the adrenaline of the crash.
Keep Track Of Damages
In order to secure the compensation you deserve, you will need to continue to preserve evidence of the damages you incur as a result of the accident. Depending on the severity of the accident, this could go on for weeks or months.
You should record all expenses, including medical bills, prescription costs, lost income, and repair or replacement of property. You should also keep a record of how your injuries are affecting you, such as your level of pain, and whether they are affecting the way you live your life.
Modified Comparative Fault in Texas
Sometimes establishing fault for a car accident is relatively straightforward. If you were following the rules of the road, and the other driver behaved negligently, then they could be liable for all of your damages.
However, sometimes victims may have contributed to the crash, despite not being the main cause. When this happens, the victim’s settlement could be reduced to reflect their percentage of fault.
Texas is a modified comparative negligence state. That means that if you contributed to the accident, so long as you were less than 50% at fault, you can still make a claim. However, your settlement will be reduced in line with your percentage of fault.
For example, if you were speeding, but the other driver was driving under the influence, you could be assigned a percentage of fault. If you are assigned 15% of the fault and you are awarded $100,000, then it will be reduced to $85,000.
If liability is in question, then the other party’s insurance company may try to unfairly assign you a large percentage of the claim in order to reduce the amount they are required to pay you. An experienced car accident attorney will fight to establish liability and ensure that you receive a fair settlement.
Protect Your Right to Compensation by Hiring an Attorney
After a car accident that wasn’t your fault, the best thing you can do is hire a personal injury attorney. They will take over the entire investigation and will ensure that you have strong evidence to support your claims.
Your attorney will also take over all negotiations with insurance companies. Insurance companies are big profit-driven businesses that employ large legal teams whose job is to reduce the compensation they have to pay out. For this reason, victims who try to seek compensation alone often end up with less than they deserve. When you have experienced representation, you level the playing field and ensure that you cant be taken advantage of.
When fighting against a trucking company, you will be fighting a tough battle. These cases have historically paid out large sums, and for this reason, trucking companies have begun hiring the best legal teams around.
If your case involves complex damages such as future medical expenses and loss of enjoyment in life, then your attorney will also make sure that you are properly compensated. They know how to evidence these types of damages and will fight fiercely to secure justice.
Many victims avoid seeking legal representation over concern for the cost. At Abraham Watkins, we work on a no-win, no-fee basis, so you will never be left out of pocket for seeking help. With our help, you can focus on your recovery while feeling confident that everything is in hand.
How Can I Prove the Other Driver Was at Fault for the Car Accident? FAQ
How do you prove it’s not your fault?
The best thing you can do after a car accident that was not your fault is to seek the help of a personal injury lawyer. An experienced attorney will have skills and resources that will help to establish the facts of your case so that you are not unjustly assigned blame.
What do you do if someone lies about a car crash?
It is incredibly upsetting when someone lies about a car accident. If they do, you should speak to an attorney who can help you gather evidence to establish what really happened.
What happens if a third party does not admit liability?
If the other driver won’t admit liability, it doesn’t mean you don’t have a valid claim, even if their insurance company initially rejects it. If your attorney can clearly establish that they were at fault then they will be held liable.
Does my insurance go up if it’s someone else’s fault?
If you make an insurance claim for a motor vehicle accident that wasn’t your fault in Texas, then unfortunately, they can raise your rates. Dealing with car insurance companies can be frustrating, but your attorney will act as your advocate to fight for a fair outcome.
How long does it take to establish fault in a car accident case?
How long it takes to establish fault will depend upon the complexity of your case. You should speak to an attorney as quickly as possible so that they can preserve evidence that could otherwise be lost. At Abraham Watkins, we will get to work quickly and will strive for fast settlement, where possible, without compromising on your rights.
Contact a Car Accident Lawyer at Abraham Watkins
Abraham Watkins is one of the longest-serving law firms in Texas and has been representing car accident victims since 1951. Utilizing a stellar reputation, a wealth of resources, and in-depth knowledge, a car accident attorney from our law firm will fight fiercely to secure just compensation in your case.
The sooner you contact us, the better; we will advise you on your next steps and tell you if we believe you have a valid claim. If you do, we will quickly get to work to protect evidence, investigate liability, and fight for a just settlement.
Car accidents are traumatic, and it is important that you can focus on your recovery. When you have experienced representation, you can feel confident that everything possible is being done for your case. At Abraham Wakins, we will fight for the full compensation that includes your past and future expenses, as well as your non-economic damages.
Speak to one of our car accident lawyers in a free consultation at 713-535-9319.
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If you have additional questions about your accident or injuries – or if you wish to speak to one of our attorneys about your legal options – please complete our online contact form or call our Houston law office at 888-261-8831 or 713-244-5486.
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