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Determining fault: how to tell who caused your car accident

August 11, 2009

The most central aspect of any Texas personal injury lawsuit is proving that the other party caused the accident that resulted in your injuries. When providing you with free legal advice, one of the first things an attorney will do is determine who was at fault for the car accident.

In many cases, it is quite clear which party was at fault. For instance, your vehicle may have been struck by a driver who ran a red light or a drunk driver traveling the wrong way on the interstate. Other times, the cause of the accident is less obvious, and the injured party can benefit greatly from the assistance of a personal injury lawyer in protecting their rights.

As you know, there are nearly countless factors that can contribute to a car accident. Your Texas personal injury lawyer will evaluate all of the factors that potentially played a role in your car accident. Your attorney’s ability to make an accurate evaluation of your case depends largely on the amount of information and documentation you are able to provide.

These are some of the factors your personal injury attorney will consider to help determine who was at fault for the car accident:

  • Common knowledge of driving rules
  • Violations of the law committed by the drivers involved in the accident
  • Whether the duties of the road were followed: lookout, avoidance and obeying driving rules
  • Whether alcohol or drugs were involved in the accident
  • Failing to account for road conditions and/or bad weather
  • Witness statements
  • Police reports
  • Your account of the accident
  • Photos taken at the accident scene

Most of the time the party responsible for the accident will be shown to have acted negligently.  Negligence means that the driver failed to act with the care that a reasonable person would have exercised under the same circumstances. If you can prove that the other party was negligent, then you are well on your way to a strong Texas personal injury claim.

Remember, even if the car accident was partly your fault, you may still be able to recover some damages for your injuries. See our post on comparative responsibility 

To receive free legal advice from an experienced Texas personal injury lawyer, contact Fears Nachawati today. You will speak directly with a personal injury attorney who will review your case to make an initial determination of fault. To receive your free consultation, email us at or call our toll-free helpline at 1.866.705.7584.


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