After a car crash in the Cameron County area, people involved in the accident might get out of their cars and start placing blame right away.
It could be argued one driver was at fault because they swerved at the last minute. Or, another driver was looking at their phone and rear-ended another car. It can go on and on and on.
No one wants to accept responsibility if they can avoid it. Along with acceptance comes financial hardship. Even insurance companies will question claimants and deflect responsibility to avoid paying a fair insurance settlement.
If you are in a car crash in the Rio Grande Valley, how do you prove you are not at fault?
First, let’s discuss the percentage of fault. For instance, unless there is a clear understanding that one driver is 100% at fault, the responsibility might be shared among those involved. Driver 1 could be 85% at fault, and Driver 2 may be 15% at fault. Or a big rig could be 75% at fault.
Texas has a Comparative Fault System or Comparative Negligence. In shorthand, it’s known as the 51% rule. For instance, if one party is less than 51% at fault, they can be compensated. The American Judicial System provides an article on this system for further details: https://www.ajs.org/understanding-comparative-negligence-after-a-texas-car-accident/
This is also a sliding scale. People can be a percentage at fault for all kinds of reasons, such as drunk driving, texting and driving, ignoring traffic signals, or making unsafe turns.
Bypass the Blame Game and Get a Professional to Support Your Car Accident Claim
How do you prove you are not at fault in a car accident? Evidence could show that you may or may not be at fault. And there could be a percentage you are responsible for, but that’s tricky to surmise on your own. First, it’s important not to accept any blame at the accident site or with an insurance claims adjustor. There could be evidence to prove otherwise.
Liability can be complex, especially if the accident involves several drivers, a commercial truck, or a big rig. In addition, insurance companies will do everything possible to minimize an insurance settlement. If the blame can be passed on to drivers, and an insurance adjustor can drop their costs because the claimant is 52% at fault, that’s a benefit to them.
The Texas Department of Insurance provides a good overview of what to do when an accident isn’t your fault: https://www.tdi.texas.gov/tips/how-to-deal-with-the-other-drivers-insurance.html.
It’s clear whether you think you are partially to blame or not at all; convincing the other parties is a tough road to go along. It is best to put aside the worry of how you will prove you are not at fault and contact a professional car accident attorney to handle it.
The attorney will manage the evidence and determine who is to blame for what. They will negotiate with the insurance company and push back if the blame is being pointed in a client’s direction with little evidence to back it up.
