{"id":152329,"date":"2024-10-09T04:38:38","date_gmt":"2024-10-09T09:38:38","guid":{"rendered":"https:\/\/www.terrybryant.com\/?p=152329"},"modified":"2025-03-11T12:28:02","modified_gmt":"2025-03-11T17:28:02","slug":"who-decides-fault-car-accident","status":"publish","type":"post","link":"https:\/\/www.terrybryant.com\/blogs\/who-decides-fault-car-accident","title":{"rendered":"Who Decides Who Is at Fault in a Car Accident?"},"content":{"rendered":"

Determining who is at fault after a car accident can be complex and stressful, involving different parties and factors. Despite how challenging it can be, knowing who is at fault \u2014 even if it\u2019s a minor accident \u2014 is crucial to filing a claim or lawsuit when seeking compensation. However, one question people often ask is who decides who is at fault after a car accident?<\/p>

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Is the determination made by the drivers involved, law enforcement officers, insurance adjusters, or lawyers? This blog will answer this question, it will also discuss why fault matters, the information needed to decide liability, and who decides who is liable in a car accident<\/a>. If you need help identifying the party responsible for your accident injuries and taking legal action against them, call us now at (713) 973-8888 for a free and confidential consultation.<\/p>\n

Why Choose Us to Represent You?<\/h2>\n

Determining fault and proving it can be burdensome for someone recovering from injuries. But if you entrust your case to us, our attorneys<\/a> can help you conduct investigations, gather evidence to prove liability, and adequately apply the proof so your claim is successful. We have done this for over three decades for car accident victims and have the track record to prove it.<\/p>\n

Aside from identifying and proving fault, our attorneys at Terry Bryant Accident & Injury Law are experienced negotiators and trial lawyers. We can adequately represent your interests whether you want to pursue a settlement or take your case to court for a verdict. We have recovered over a billion dollars in gross settlements and verdicts and remain committed to helping our clients get the maximum compensation possible. If a fair resolution is what you want, call us now at (713) 973-8888.<\/p>\n

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Our attorneys will protect your rights and interests and fully pay attention to your case to secure the best possible outcome.<\/strong><\/p>\n<\/blockquote>\n

Why Fault Matters After a Car Accident<\/h2>\n

After a car accident, knowing the at-fault party narrows down who you can file a compensation claim against. This is vital as auto collisions often result in costs like vehicle repair, medical bills, lost wages, and other non-monetary losses like pain and suffering. Fault is crucial in lawsuits, insurance claims, and criminal cases if the accident has a criminal element.<\/p>\n

Below, we examine the different ways fault matters when filing a civil lawsuit, insurance claim, or when there\u2019s a criminal charge against the at-fault driver.<\/p>\n

Fault in Insurance Claims<\/h3>\n

Determining fault is essential to how insurance companies handle claims. Generally, Texas is a fault-based state for auto liability insurance, meaning that anyone at fault for an accident will compensate the other party deemed the victim. So, the at-fault party\u2019s insurance company will pay the victim damages.<\/p>\n

The insurance company is expected to pay economic and non-economic damages, including medical expenses, vehicle repair or replacement costs, lost wages, pain and suffering, and other associated costs. Fault also affects insurance premiums, as the at-fault driver\u2019s insurance company is likely to increase their rates.<\/p>\n

Furthermore, insurance companies will not just take your word that their policyholder caused the accident. The insurance adjuster will launch an investigation even if you have the evidence backing your claim. The essence of the inquiry is to find loopholes in your story or evidence that points to your contributing to the accident.<\/p>\n

If they find any proof of liability on your side, they will use the modified comparative negligence<\/a> rule to apportion blame to you. This automatically reduces the amount you would have received as compensation. If you were 20% at fault, you will only receive 80% of the settlement agreed on. If the insurance adjuster finds that your liability exceeds 50%, they will not compensate you.<\/p>\n

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If the insurance company refuses to pay compensation after you prove fault and provide evidence, our attorneys can help you file a lawsuit and advocate for you in court.<\/strong><\/p>\n<\/blockquote>\n

Fault in Civil Lawsuits<\/h3>\n

Fault determination is also crucial to winning a civil lawsuit. During the trial, the doctrine of \u201che who asserts must prove\u201d applies, as the burden of proof is on the plaintiff to show the defendant’s negligence. Also, the plaintiff must do this on the preponderance of the evidence. This means that the plaintiff must present evidence that shows that their claim is more credible and convincing than the defendant\u2019s and that their version of events is more plausible.<\/p>\n

One way to prove the defendant\u2019s fault in court is by establishing the four elements of negligence. They include the following:<\/p>\n