How Is Fault Determined in a Car Accident?

The Short Answer…

When you’re involved in a car accident, one of the most important questions is: Who is at fault? Fault determines who pays for damages, whose insurance takes the hit, and who may be held legally liable.

Fault is typically determined by examining the facts of the crash, identifying negligence, and applying state-specific laws. Police officers, insurance adjusters, and sometimes even courts all play a role in this process by analyzing evidence to determine if and how a driver contributed to the accident. Read on for a detailed guide to how fault is determined in a car accident and what you need to know to protect yourself, challenge unfair blame, and build a strong case.

Key Takeaways

• Fault determines financial responsibility after a crash. Whether you’re entitled to compensation or stuck paying for damages depends on who’s found at fault.
• Multiple parties help determine fault. Police officers, insurance adjusters, and sometimes courts evaluate reports, witness accounts, and physical evidence to assign liability.
• Texas uses modified comparative negligence. You can recover damages only if you’re 50% or less at fault. Anything above that, and you lose the right to compensation entirely.
• Insurance companies don’t always get it right. They may assign blame unfairly to avoid paying claims, which is why challenging fault determinations is sometimes necessary.
• A lawyer can protect your rights and strengthen your case. The car accident attorneys at Braker White help clients across West Texas gather evidence, dispute unfair findings, and pursue full compensation.

What Is Fault in a Car Accident?

In legal terms, fault refers to the responsibility assigned to a driver (or multiple drivers) whose actions or failure to act caused the accident. This typically involves negligence, which means a driver did not use reasonable care behind the wheel. Common examples include speeding, running a red light, texting while driving, or failing to yield the right of way.

When fault is established, it results in liability, meaning the at-fault party (or their insurance company) may be legally and financially responsible for:

• Vehicle repairs or replacement
• Medical expenses for injured parties
• Lost wages due to injury-related time off work
• Pain and suffering or other non-economic damages

Fault is the foundation of any car accident claim. It determines how compensation is awarded and whether a victim has the right to recover damages under the law. In states like Texas, where fault rules are strictly applied, even partial responsibility can affect your ability to recover.

Types of Fault Systems: At-Fault vs. No-Fault

Not every state handles car accident claims the same way. The type of fault system in place determines who pays for damages and how accident claims are processed.

• At-Fault States (Like Texas): In an at-fault state, the driver who caused the accident (and their insurance provider) is responsible for covering the costs of the crash. Victims can pursue compensation by filing a claim with the at-fault driver’s insurer or through a personal injury lawsuit if necessary. Texas is an at-fault state.
• No-Fault States: In no-fault states, each driver typically turns to their own insurance for coverage, regardless of who caused the accident.

Who Determines Fault in a Car Accident?

Determining fault often involves input from multiple parties, each with their own process and priorities. Whether it’s law enforcement, insurance adjusters, or a court of law, each entity plays a distinct role in how fault is assessed and assigned. Here’s how the process typically unfolds:

1. Police Officers

When officers respond to a car accident, they are usually the first to assess the situation. Their job is to secure the scene, assist anyone who’s injured, and begin investigating the cause of the crash. They do this by:

• Examining vehicle damage, skid marks, and debris patterns
• Interviewing drivers, passengers, and eyewitnesses
• Taking photos or drawing diagrams of the scene
• Checking for signs of impairment, distraction, or traffic violations
• Reviewing surveillance or dashcam footage if available

The police then file an official accident report, which often includes their initial determination of fault or any citations issued. While not legally binding, insurers and courts often give significant weight to the officer’s observations.

2. Insurance Companies

After a claim is filed, insurance adjusters conduct their own investigation, which may support or differ from the police report. Their evaluation typically includes:

• Reviewing photos, videos, and damage reports
• Reading the police report and citations
• Interviewing involved parties and witnesses again
• Examining electronic vehicle data or dashcam footage
• Applying state-specific fault laws like comparative negligence

Insurers assign percentages of fault to each driver based on the concept of negligence. This percentage directly affects how much compensation is paid and whether a driver is eligible for any recovery at all.

3. Courts

If the insurance company’s determination is disputed or if the damages are severe, the case may be brought to court. In these situations:

• Attorneys for both sides present evidence, including expert testimony or accident reconstruction
• A judge or jury reviews all the facts, testimony, and applicable laws
• A final legal decision on fault and damages is rendered

Court involvement is usually a last resort, but it can be necessary when fault is hotly contested or insurance offers are unfair.

Key Evidence Used to Determine Fault

To determine who is responsible for a car accident, investigators rely on solid, objective evidence, which can include:

• Police reports: These official documents contain the responding officer’s account of the accident, details from both drivers, citations issued, and sometimes an opinion on who was at fault.
• Witness statements: Neutral third parties who saw the accident unfold can provide credible insights that support or challenge either driver’s version of events.
• Photos of damage and skid marks: Images taken at the scene can help reconstruct how the crash occurred.
• Traffic camera or dashcam footage: Video evidence can be powerful in showing exactly what led up to the collision and which party violated traffic laws.
• Vehicle data: Modern cars often record speed, braking, and steering data that can be analyzed post-crash to determine driver actions.
• Medical records: The nature and severity of injuries can help verify how the accident happened.
• Scene reconstructions: Accident reconstruction experts use physics and forensics to recreate the crash and provide professional assessments of fault.

Because this evidence can be technical and subject to interpretation, having an experienced car accident attorney can make all the difference in gathering, presenting, and defending your claim effectively.

Car Accident Liability Law in Texas: Modified Comparative Negligence

Texas follows a modified comparative negligence rule, which governs how fault is assigned and how damages are awarded when more than one party shares responsibility for an accident.

Under this law:

• You can only recover damages if you are 50% or less at fault. If you’re found 51% or more at fault, you’re barred from receiving any compensation even if you were injured or suffered property damage.
• Your compensation is reduced in proportion to your degree of fault. That means if you are partially responsible, your settlement or court award will be decreased by the percentage of fault assigned to you.

Example: Let’s say you’re hit by another driver who ran a red light, but you were speeding slightly at the time. The investigation finds you 20% at fault for the accident. If your total damages were $10,000, your compensation would be reduced by 20%, leaving you with $8,000.

If you were found 51% at fault, you would receive nothing, even though the other driver was still 49% responsible.

This rule makes it critical to minimize any assigned fault when pursuing a claim. Insurance companies often try to inflate your share of blame to reduce what they owe or avoid paying entirely. A car accident lawyer can challenge unfair assessments and fight for the compensation you may be entitled to.

What If You’re Found At Fault?

Being found at fault in a car accident can lead to a number of consequences. In at-fault states like Texas, the driver responsible for causing the accident (or their insurer) must pay for the damages and injuries that result.

Consequences of Being at Fault:

• Insurance Liability: Your liability insurance will typically cover the other party’s medical bills, property damage, and other losses up to your policy limits.
• Higher Premiums: Insurance companies may raise your rates after an at-fault accident, especially if it involved serious damage or injuries.
• Out-of-Pocket Risk: If you’re uninsured or underinsured, you could be held personally responsible and face a lawsuit to recover the remaining damages.
• Points on Your Driving Record: In Texas, being at fault may add points to your driving record, which could lead to license suspension in severe cases.

Does Insurance Cover At-Fault Accidents?

Yes, insurance can still cover your losses even if you’re at fault, depending on the types of coverage you have.

• Liability Insurance: Required in Texas, this covers the other driver’s medical expenses and property damage if you’re at fault. It doesn’t cover your own injuries or vehicle.
• Collision Coverage: This optional coverage pays for your vehicle repairs or replacement, regardless of who caused the accident.

How to Dispute a Car Accident Fault Decision

Just because an insurance company assigns blame doesn’t mean it’s accurate or fair. If you believe you were wrongly held responsible, there are steps you can take to challenge the decision.

1. Request Written Justification: Ask the insurance company for a written explanation of why they found you at fault. This should include the evidence they relied on, such as the police report, photos, or driver statements.
2. Submit New Evidence: You have the right to present additional evidence that supports your version of events.
3. File an Appeal: Most insurers allow you to file an internal appeal. Be sure to do so within the timeframe outlined in their policy. Missing this deadline could forfeit your chance to contest the decision.
4. Hire a Lawyer: When fault is disputed and the stakes are high, an attorney can be a powerful advocate. A car accident lawyer can gather and analyze complex evidence, deal directly with the insurance company, negotiate for a fair outcome, and represent you in court, if needed.

At Braker White, we fight to ensure our clients are not unfairly blamed and are treated fairly throughout the claims process.

What If You’re Not At Fault?

If the evidence shows the other driver(s) caused the crash, their insurance company is typically responsible for paying your damages. However, even in cases where you’re clearly not at fault, the claims process isn’t always smooth. Insurance companies may still try to reduce payouts or shift blame to minimize liability. That’s why it’s essential to protect yourself early and build a strong foundation for your claim.

How to Prove You Are Not at Fault in a Car Accident

Being proactive after an accident can make all the difference in how fault is assigned and whether you get compensated fairly. To help prove the other driver was at fault:

1. Get a Copy of the Police Report: The police report is one of the most influential documents in a car accident case. Review the report for errors and use it as leverage when filing your claim.
2. Take Photos and Videos at the Scene: Visual evidence is hard to dispute. Take clear photos and videos of the aftermath of the accident.
3. Get Witness Contact Info: Eyewitnesses can provide unbiased accounts of what really happened. If anyone saw the crash, get their name, phone number, and a brief statement if possible.
4. Avoid Admitting Fault: Even saying “I’m sorry” can be misinterpreted as an admission of guilt. Stick to the facts when speaking to the other driver, police, or insurance representatives.
5. Contact an Attorney: An experienced car accident lawyer can help gather and organize evidence, interview witnesses, obtain surveillance footage, and defend your position throughout the claims process. At Braker White, we know how to fight back when insurers try to pin the blame on the wrong party.

Fault Disputes Are Tough. Our Attorneys Are Tougher.

When you’re injured in a wreck, figuring out how fault is determined in a car accident is only part of the battle. The bigger fight often comes after, when insurance companies are looking to minimize your claim. That’s why so many people across Odessa, Midland, and throughout West Texas turn to Braker White.

We know Texas law and how insurance companies think. Our attorneys handle these cases every day and bring the resources, strategy, and dedication needed to level the playing field.

When you work with us, we help you:

• Protect your rights from the start
• Challenge unfair fault determinations
• Gather strong evidence
• Seek the maximum payout available
• Take your case to court if necessary

You don’t have to navigate the complexities of fault and liability alone, especially when your health and financial future are at stake. Let Braker White stand in your corner and fight for the outcome you deserve. Contact us today to schedule your free consultation.