Can Fault Be Determined by Car Accident Damage?
Texas is a “fault” state for car accident claims. You must prove that another driver or party was responsible for causing the car accident to recover compensation from that party for your injuries, losses, and damages.
Therefore, proving how the collision happened and how the other party was responsible for the cause of the crash is vital to a personal injury claim. Damages caused to any cars involved in the collision can help paint a picture of how the crash happened.
Investigating a Car Accident and Gathering Evidence
Car accident lawyers use a variety of methods to investigate the cause of a car accident and gather evidence proving fault.
Some of the steps an attorney may take when investigating the cause of a car accident include:
- Visiting the car accident scene
- Inspecting the damage to the vehicles
- Locating and interviewing eyewitnesses
- Obtaining copies of crash reports and police reports
- Searching for traffic camera and other video evidence of the collision
- Obtaining copies of medical records
- Checking weather reports at the time of the crash
- Hiring experts, including accident reconstructionists and automobile experts
The steps taken to investigate a car accident vary depending on the circumstances and facts of the case. However, all investigations have one purpose – to prove fault for the car accident and gather evidence related to liability and damages.
Proving Fault for the Car Crash Can Be Difficult
Some car accident cases involve a clear explanation of fault. For instance, a vehicle turns left in front of another vehicle at a traffic light. The driver who failed to yield the right of way is responsible for causing the crash.
However, there may not be any evidence to prove that the driver who turned in front of another car was the driver who failed to yield the right of way. The driver turning left may have had a green arrow, and the other driver failed to stop for the red light. Yet, the only “evidence” of fault may be the conflicting testimony of the two drivers because there were no eyewitnesses, video, or other evidence to prove who had the right of way.
Unfortunately, proving fault for a car accident can be challenging in many cases. When there is little evidence to rely upon to determine fault, a car accident attorney may hire experts and industry professionals to examine the damage to the vehicles to determine fault.
Using Vehicle Damage to Prove Fault for a Crash
The location, type, and severity of damage to a vehicle can be an indicator of how the accident occurred. For example, damage to the back end of one vehicle and the front end of the other vehicle indicate the vehicle in the rear collided with the vehicle in front of it. This damage evidence would typically indicate that the driver in the rear was at fault for running into the car in front of him.
Some car crash cases are not as clear. Accident reconstructionists, engineers, vehicle designers, and other industry experts may use the accident damage to determine fault.
The experts use vehicle damage and accident information to recreate how an accident may have happened based on engineering, dynamics, and physics. Once they can recreate how the accident occurred, they can identify the factors that led to the accident and who is responsible for each of those factors.
Other information that can assist experts in recreating how the accident occurred include:
- A vehicle’s crashworthiness;
- The victim’s injuries;
- Weather conditions at the time of the crash;
- Physical evidence from the accident scene, such as skid marks and road debris;
- A vehicle’s features, including cruise control, anti-locking brakes, and crash avoidance systems;
- Road conditions and road design; and,
- Other factors, such as speed and visual impairments.
Why do we Worry About Proving Fault?
As discussed above, you must prove fault to recover compensation for an accident. However, identifying the percentage of fault is another crucial factor in a car accident case.
Texas uses a modified comparative fault standard to assign liability for damages in a car accident case. If your actions contributed to the car of the car accident, your compensation could be reduced by the percentage of fault assigned to you for causing the collision.
However, if your percentage of fault is 51 percent or more, you are barred from receiving any compensation for the car accident claim.
Insurance companies use comparative fault to avoid paying claims. If the cause of the accident is in question, the insurance company may aggressively pursue a comparative fault allegation. For that reason, it is always a good idea to consult with a car accident lawyer to discuss ways you can prove that you did not cause the car accident.
Factors Affecting Fault Determination in Car Accidents
Determining fault in a car accident case often begins with analyzing physical evidence at the accident scene, particularly vehicle damage. The location of damage on the vehicles involved provides critical clues about how the accident occurred, helping to establish fault for the accident. For example, in a rear-end collision, the driver of the car traveling behind typically didn’t leave enough stopping distance, making them the at-fault driver. Similarly, in T-bone accidents, the point of impact can indicate whether one vehicle ran a red light or failed to stop at a stop sign.
Key Factors in Determining Fault
- Location of the Damage on Vehicles
The location of damage plays a vital role in proving fault. For instance:- Passenger side impacts in T-bone collisions may suggest the other driver failed to yield.
- Rear-end damage can often prove car accident fault against the following driver, especially if they weren’t paying attention or speeding.
An accident reconstruction expert may examine the vehicle damage to provide insights into how the accident unfolded.
- Skid Marks and Tire Marks
Physical evidence like skid marks shows whether one vehicle attempted to stop or lost control. This information is extremely helpful for accident reconstructionists in determining fault by location. - Witness Statements and Video Footage
Witness testimony and video footage from the crash scene help clarify how the accident happened. These details can back up claims about car damage or contradict statements from the other driver. - Police Reports and Statements
Police officers often provide unbiased assessments of the accident scene, noting physical evidence such as tire marks or the vehicles parked after the collision. Their reports can help prove fault in a car crash by offering third-party insight. - Accident Reconstruction Experts
Accident reconstruction experts analyze the entire process of the collision, considering the speed limit, physical evidence, and other factors like weather conditions or road design. Their expertise is critical in complicated cases involving multiple vehicles or disputes over fault.
The Role of Insurance Companies and Legal Support
Car insurance companies rely on these factors to determine car accident fault and establish which driver is responsible for property damage and bodily injury. Claims adjusters evaluate evidence, including police reports and the location of the damage, to assign liability. However, proving fault in a car accident case isn’t always straightforward, especially when the at-fault driver disputes responsibility.
An experienced lawyer can guide injured parties through the process, ensuring that all evidence—such as witness statements, medical expenses, and lost wages—is presented effectively. If you’re facing challenges in your case, an experienced car accident attorney provides a free consultation to help you navigate fault determination and pursue a fair outcome.