How is fault determined in a car accident?

How is fault determined in a car accident?

How is fault determined in a car accident? 1

In fault car insurance states like Texas, fault has to be determined following a car accident so that both parties can figure out who is responsible to pay for the accident’s damage and injuries.

But how is fault determined at an accident scene?

·         Citations/Accident report – If you are ticketed at the scene of an accident, then that serves as some proof of fault. If no one received a ticket, fault can also be determined from the officer’s report. If you are wrongly ticketed at the accident scene, you may have to go to court and fight the ticket in order to get compensation for the damage or injuries.

·         Evidence from the scene – Taking photos or video at the accident scene and identifying witnesses can help determine fault. Gather as much evidence as you can that helps support your side of the story.  

·         When someone admits fault – If someone admits fault at the scene of the accident, that’s all an insurer needs to pin the accident on them

Texas is a modified comparative fault state, so even if you were somewhat to blame for the accident, you may still be able to recover damages as long as you were 50 percent or less responsible.


Robert Greening is the principal attorney at Greening Law, P.C. He has dedicated his 24 years of practice to the litigation of wrongful death and serious injury cases. If you have a question about a recall or injury, contact Greening Law, P.C. at 972-934-8900.