A West Texas Driver's Complete Guide
Getting into a car accident in West Texas can be overwhelming, especially when you're dealing with injuries and wondering who's responsible for the crash. Understanding fault determination is crucial for protecting your rights and securing fair compensation.
If you've been asking yourself, "Who is at fault in my car accident?" after a crash in Abilene, Midland, Odessa, Sweetwater, or anywhere in West Texas, this guide will walk you through exactly how fault is determined and what steps you need to take to protect your claim.
How Is Fault Determined in Texas Car Accidents?
In Texas, fault in car accidents is determined by proving negligence, which means that one driver acted carelessly or recklessly, causing the crash. Unlike no-fault states, Texas follows a fault-based system where the at-fault driver's insurance typically pays for damages.
Here's what makes someone legally at fault in a Texas car accident:
The Four Elements of Negligence:
- Duty of care - All drivers must follow traffic laws and drive safely
- Breach of duty - The driver violated traffic laws or acted unreasonably
- Causation - Their actions directly caused the accident
- Damages - You suffered actual injuries or property damage
Common Scenarios: Who's at Fault in Different Types of Accidents?
Rear-End Collisions
Usually at fault: The rear driver. Why: Texas drivers must maintain safe following distances under Transportation Code Section 545.062
Exception: If the front driver suddenly reversed or had non-functioning brake lights, fault might be shared.
Left-Turn Accidents
Usually at fault: The turning driver. Why: Drivers making left turns must yield to oncoming traffic
Side-Impact (T-Bone) Crashes
Usually at fault: The driver who ran the red light or stop sign. Evidence needed: Traffic camera footage, witness statements, or police reports documenting traffic violations
Merge Lane Accidents
Usually at fault: The merging driver. Why: Merging drivers must yield to traffic already in the lane
What Evidence Determines Fault in West Texas Car Accidents?
Police Reports
The responding officer's accident report carries significant weight with insurance companies. In West Texas, police reports typically include:
- Officer's opinion on fault based on evidence
- Traffic citations issued
- Diagram of the accident scene
- Witness statements collected at the scene
Physical Evidence
- Vehicle damage patterns - Where and how cars were damaged tells the story
- Skid marks - Show speed, braking, and direction before impact
- Traffic camera footage - Many West Texas intersections now have cameras
- Cell phone records - Can prove distracted driving
Witness Testimony
Independent witnesses (not passengers) provide crucial third-party accounts of what happened.
Texas' Modified Comparative Negligence Rule: What It Means for Your Claim
Texas follows a "51% rule" for car accident fault:
- 0-50% at fault: You can recover damages, reduced by your percentage of fault
- 51%+ at fault: You cannot recover any compensation
Example: You're 30% at fault for speeding, but the other driver was 70% at fault for running a red light. If your damages total $50,000, you'd receive $35,000 (reduced by your 30% fault).
This is why fighting fault percentages is so critical to maximizing your settlement.
Steps to Take After a West Texas Car Accident to Protect Your Claim
At the Accident Scene:
- Call 911 - Get police and medical help immediately
- Exchange information - Get driver's license, insurance, and contact details
- Document everything - Take photos of vehicles, damage, skid marks, and the scene from multiple angles
- Get witness information - Collect names and phone numbers
- Don't admit fault - Avoid saying "I'm sorry" or speculating about causes
After Leaving the Scene:
- Seek medical attention - Even if you feel fine, see a doctor within 24-48 hours
- Contact your insurance - Report the accident but stick to facts only
- Keep detailed records - Medical bills, lost wages, repair estimates
- Avoid the other driver's insurance company - Let your attorney handle communications
When Insurance Companies Disagree About Fault
Insurance adjusters don't always agree on fault determination. Common disputes include:
- Shared fault scenarios - When both drivers may have contributed
- Conflicting witness statements - Different versions of events
- Unclear traffic violations - When it's not obvious who broke traffic laws
- Weather conditions - Determining if conditions contributed to the crash
If there's a fault dispute, having an experienced West Texas car accident attorney becomes essential for protecting your interests.
How a West Texas Car Accident Lawyer Helps Prove Fault
Investigation and Evidence Gathering
- Accident scene reconstruction
- Obtaining traffic camera footage
- Interviewing witnesses
- Consulting with accident reconstruction experts
- Reviewing medical records and police reports
Dealing with Insurance Companies
Insurance adjusters work for their company's bottom line, not your best interests. An attorney can:
- Handle all communications with insurers
- Challenge unfair fault determinations
- Negotiate higher settlements
- Prevent you from accepting lowball offers
Understanding Texas Traffic Laws
West Texas car accident attorneys know the specific traffic laws that apply to your case and can identify violations that prove fault.
What If the Other Driver Doesn't Have Insurance?
Unfortunately, uninsured drivers are common in West Texas. If the at-fault driver lacks insurance:
- Your uninsured motorist coverage may apply
- Underinsured motorist coverage helps if their coverage is insufficient
- Personal injury protection (PIP) can cover immediate medical expenses
- Legal action against the uninsured driver (though collection can be challenging)
Red Flags: When Fault Determination Gets Complicated
Contact a car accident attorney immediately if:
- The other driver claims you caused the accident
- Police didn't respond to the scene
- There were multiple vehicles involved
- You received a traffic citation
- The other driver was a commercial vehicle
- Your insurance company is delaying or denying your claim
- You're being blamed for an accident you didn't cause
Time Limits: Texas Statute of Limitations for Car Accident Claims
In Texas, you have two years from the accident date to file a personal injury lawsuit. However, evidence disappears and witnesses' memories fade quickly, so it's crucial to act promptly.
Don't wait to seek legal help - the sooner you contact an attorney, the better they can protect your claim.
Why Choose Hanna Allen, PLLC for Your West Texas Car Accident Case?
At Hanna Allen, PLLC, we understand the unique challenges of car accident cases in West Texas. Our experience with local courts, insurance companies, and traffic patterns gives our clients a significant advantage.
We help you:
- Investigate your accident thoroughly
- Gather compelling evidence of fault
- Challenge unfair fault determinations
- Negotiate maximum settlements
- Take your case to trial if necessary
Our track record includes successful outcomes for clients throughout West Texas, from Abilene to Midland and beyond.
Get Help Determining Fault in Your West Texas Car Accident
Don't let insurance companies minimize your claim or blame you for an accident you didn't cause. The fault determination process can make or break your case, and you need experienced legal representation to protect your rights.
If you've been injured in a car accident in West Texas, contact Hanna Allen, PLLC today. Call (432) 220-2649 for your free, no-obligation consultation. We don't get paid unless you win your case.