Who determines fault in accident and how? The answer may surprise you.
We have all drove past a three-car accident on the highway or a street across our home at some time in our lives. Some of us have slowed down to see how bad the accident was and often wondered who would be liable. Even in instances where it is a two-car accident, it is not always simple. The wait time until the insurance decides as to whether they have taken liability for the accident does not make the stress any easier. The information below can serve as a guide to understanding who determines fault in an auto accident and how they make the decision.
To begin, lets answer who determines fault in an auto accident. Typically, the insurance company of the parties involved determine who is at fault by reviewing police report and other evidence at hand. After an accident has been reported to an insurance company, the first step the company takes is investigating the accident. The investigation phase includes reviewing the police report, interviewing the insured party, witnesses and sometimes the other party (if consented) and reviewing all other evidence such as pictures or videos of the accident scene. Using this information, the insurance company pieces together a reliable narrative of what happened. Based on the facts collected, the insurance company will assign fault to the responsible party.
The police report, while valuable in the assignment of liability, does not ultimately determine who bears the fault for the accident. Insurance companies use state laws to determine who is at fault in a car accident. Being at fault means the person behind the wheel was negligent in their actions as defined by state law. Laws concerning negligence are the most important in any car accident and vary state by state. Each state has different laws when it comes to what at-fault vs. no-faut determination looks like. There are generally two types of ways to look at fault in auto accident scenarios. Some states have what is called pure comparative negligence law, which means fault is determined on a percentage basis. Thus, the at-fault party is responsible for accident-related expense up to the degree of their fault. In states that use pure comparative negligence, both parties may be found responsible up to a certain percentage and will have to pay for related expenses. Other states have modified comparative negligence, this method usually determines one party to be responsible for an accident if fault is assigned to be more than 50 or 51 percent. In state that use modified comparative negligence test, only one party will end up being responsible for accident-related expenses if fault is above the threshold stated.
Texas uses the modified comparative negligence test. Thus, the insurance company might find that both drivers were negligent, but only one (1) driver can “cause” the accident or be more than 50% at fault. The party who is more than 50% at fault for the collision does not recoup expenses from the other driver because this party effectively caused the accident. The other party, although not completely out of the woods, lucks out given that his or her fault is below 50%.
In unfortunate turn of events, if you ever experience an auto accident, call 911. When talking to the police, stay calm and keep your story straight and short. Do not speculate. Before leaving the scene or even the hospital, take pictures of the vehicles, collect the other driver’s information specifically phot ID and insurance card and collect witnesses’ name and contact information. The police will hand you a card with a report number on it, keep that card safe for future reference. Provide all the evidence you have to your attorney who will act in your best interest in mind.
I cannot stress this enough: insurance companies are not your friend. All information collected can and will be used against you in a court of law. Do not speak with the insurance company without an attorney. Protect your best interest.
The Law Office of Ruthe Belachew, PLLC Lawyers are Here to Help You.
If you were injured in an auto accident, The Law Office of Ruthe Belachew, PLLC can help you no matter how the collision occurred. We may be able to seek the financial recovery that you deserve for any injuries and losses. Contact our firm for zealous legal representation. We offer a free case evaluation to find out how we might be able to help you obtain the money needed to cover your damages and compensate you for your pain and injuries.
Call us at 945-900-2529.