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Proving the Other Driver’s Fault in a Car Accident

Posted by Jimmy Sunosky | Mar 18, 2020 | 0 Comments

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If you were involved in a car accident in Houston, you can seek compensation for your injuries and losses, but you have to prove the other driver was at fault.  Proving fault on your own can be difficult because many factors are involved such as weather conditions, traffic patterns and condition of the roadway, among others.  The ex-insurance company lawyers at Hernandez Redden Sunosky, LLP have the experience and knowledge to help you prove the other driver's negligence and seek maximum compensation for your injuries.

How to prove fault of the other driver:

Crash reports:

Crash reports are generally prepared by investigating police officers.  Generally, they offer an objective perspective of how the accident occurred.  Their version of events could help your case. However, accident reports can also be inaccurate or simply wrong, thereby hurting your case. An experienced Houston Car Accident Lawyer can help you establish the true facts of the accident.


Photos of the accident scene and damage to all vehicles can establish the cause of the accident.  For example, skid and tire marks can show the other driver's actions leading up to the crash.  It is tangible evidence of the events that occurred.


Videos are everywhere.  It can include video from a nearby traffic camera or gas station, video from an in-dash surveillance camera or a witness who happened to record the events.  A Houston Car Accident Lawyer can help you obtain this potentially valuable evidence to show how the events unfolded.  

Eyewitness statements:

If there were any people who witnessed the accident, including passengers, their testimony can be valuable.  An experienced Houston Car Accident Lawyer can help you encourage people to speak on your behalf and make sure their story supports your case.

Medical records:  

Following an accident, it may be necessary to seek medical treatment.  If you report you were injured in an accident, your doctor will document it.  Providing complete and accurate information to your doctor about the circumstances of the accident will not only help in receiving appropriate medical treatment but it can help your case.

Additional evidence obtained away from the accident scene can also be helpful in proving fault of the other driver.  For example, your lawyer can obtain the other driver's cell phone records to prove they were texting in violation of Texas law.  Results of a post-accident drug test of the other driver or disciplinary action taken by the other driver's employer can prove vital in establishing not only negligence, but gross negligence potentially entitling you to punitive damages.  Testimony from your treating doctors or an accident reconstructionist hired on your behalf can also help in establishing fault of the other driver.  The experienced Houston Car Accident Lawyers at Hernandez Redden Sunosky, LLP can help you obtain this valuable evidence to support your case.

Comparative Fault or Proportionate Responsibility

Texas is an “at-fault” car accident state.  This means fault dictates whether or not an injured party can recover damages, and if those who cause the accident are responsible for their damages. While this means you can file a claim against the other driver's insurance or file a lawsuit directly against the at-fault driver, it also means that if you're found to be at fault for the accident, your recoverable damages award may be significantly reduced.  

To win your car accident case in court, you will need to prove the other driver was negligent.  Texas uses a 50% modified comparative negligence standard. Basically, this means the amount of money you can recover from an at-fault driver is affected by whether or not you were also partially at fault for the accident.  If the judge or jury determines you were more than 50% responsible for the accident, you won't recover anything.  If you are determined to be 50% or less at fault, you can file a claim, but your damages will be reduced in proportion to your degree of fault.  For example, if you are determined to be 25% at fault, your total recovery will be reduced by 25%.

A knowledgeable Houston Car Accident Lawyer will have the resources to help you prove the other driver was solely or more responsible for the accident thereby increasing your potential compensation. 

Contact Hernandez Redden Sunosky, LLP for Help!

Comparative fault under Texas' proportionate responsibility law can be complicated and confusing.  If you or a family member has been seriously injured in an accident, contact Hernandez Redden Sunosky, LLP to protect your rights.  Our experienced Houston Car Accident Lawyer will review the details of your case and determine the best course of action.

We work only on a contingency fee basis, which means there are no upfront fees for our services. You only have to pay us if we recover compensation for your case.

Contact us today for a 100% Free Consultation.

About the Author

Jimmy Sunosky

Jimmy Sunosky is an AV Preeminent rated lawyer and has been recognized as a Super Lawyer by Thompson Reuters, a Top Lawyer by Houstonia Magazine and a Top Lawyer H by Texas Magazine. He is dedicated to helping accident victims and their families find justice and obtain financial compensation after suffering serious injuries or death. Before co-founding Hernandez Redden Sunosky, LLP, he worked as an insurance defense lawyer. He applies the knowledge and experience gained while working with insurance companies to his work as an advocate for the injured.


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