If you have been involved in a head-on collision in Texas and want to try to determine who is at fault, it will be helpful to examine multiple sources of evidence and apply Texas traffic laws and regulations. An experienced personal injury attorney in Texas can help you determine the strength of your case, as well as how to navigate the legal process. Here are some general factors and steps that may be considered:
- Traffic Laws: If you familiarize yourself with the Texas Transportation Code, you may gain insight into which driver violated the law. For example, drivers are required to stay in their lane and not cross over a solid line. If a driver crosses into oncoming traffic, they may be deemed at fault.
- Police Reports: When a head-on collision occurs, it will typically involve the police coming to the scene of the accident. The responding officer will survey the scene, take statements from witnesses and involved parties, and create a report. This report often contains the officer’s opinion about who was at fault, based on their observations and findings.
- Vehicle Damage: The location and type of damage on each vehicle might give clues about the events leading up to the collision. For instance, front-end damage might indicate that both vehicles were moving forward at the time of impact.
- Witness Testimony: Witnesses can provide a third-party account of what happened before and during the accident. Their testimonies can help piece together the events leading up to the collision, and are especially useful when the drivers involved have conflicting stories.
- Physical Evidence: Skid marks, broken glass, and other debris can help reconstruct the events leading up to the collision. These could help to determine things like speed, direction, and point of impact.
- Surveillance Footage: Nowadays, many intersections and roadways have cameras set up at them so that you can possibly obtain the footage and have a better understanding of who might have been at fault in the accident.
- Expert Testimony: In some cases, accident reconstruction experts might be called in to analyze the evidence and give an opinion on how the collision occurred.
- Insurance Companies: After a collision each driver’s insurance company will typically conduct its own investigation to determine fault. They will consider evidence, statements, and any other relevant information. While their determination might not be legally binding, it can influence claims and settlements.
- Comparative Fault: Texas follows a “modified comparative fault” rule, meaning that a party can recover damages even if they are partly at fault for the accident. Therefore, it is possible for both drivers to share some degree of fault in a collision. However, if the party seeking damages is found to be more than 50% at fault, they are unable to recover any damages.
- Legal Proceedings: If the parties involved are unable to agree on who was at fault, they might end up in court. A judge or jury will then evaluate all the evidence and make a determination.
It is crucial for anyone involved in a head-on collision to consult with an attorney, especially if there are injuries or significant damages. An attorney can help navigate the complexities of the legal system, ensure that all relevant evidence is considered, and advocate for the best outcome for their client. Contact Ceja Law Firm, PLLC today to schedule your complimentary initial consultation. Our dedicated team is ready to listen to your story, assess the unique details of your case, and advocate for your rights.