A Houston Car Accident Law Firm May Be Needed To Prove Fault  


October 26, 2018

In Texas, drivers are required to maintain insurance in the unfortunate event of an auto accident. If a distracted, drunk or otherwise negligent driver causes a crash, their insurance policy is meant to cover your losses. But the problem many people discover is that too often big insurance companies try to avoid responsibility by not paying your claim.

If you are harmed by another driver’s actions, you may have to prove it in court. That’s why it’s important to contact a Houston car accident law firm if you have been involved in a collision. At Schechter, McElwee, Shaffer & Harris, our experienced team of legal professionals work with everyday people get the full, fair compensation you deserve.

Proving Fault In Texas

When determining fault in a car accident, the state uses a method often referred to as “modified comparative fault.” In practical terms, the legal theory boils down to who was more at fault in a car crash.

The first hurdle in recovering any damages is demonstrating that the other party was at least 50 percent at fault. If the court rules that you are 51 percent responsible for the incident, you may not be entitled to compensation for your losses. Because of Texas’ modified comparative fault rule, it is not uncommon for insurance corporations to deny claims in the hope they can muddy the waters enough to avoid paying car accident victims.

Meeting the 50-percent mark is the first step in gaining rightful compensation. After that bridge has been crossed, the court could assign percentages of fault to each driver and award damages accordingly. If the other driver is 80 percent at fault, your compensation could be reduced by 20 percent. That standard makes proving the highest degree of fault possible a must. These are key things to support your claim.

  • Photos:If you are physically able, taking a wide range of accident photos depicting the crash, roadways, and positions of the vehicles provide visual aids. These images can be used to negotiate directly with the insurance company. When insurance adjusters recognize your lawyer has physical evidence, they are more likely to settle out of court.
  • Eye-Witness Accounts:Gather the contact information of people who saw the crash. Follow up with the police and get a report of anyone listed who provided their account of the incident. Eye-witness testimony can be powerfully persuasive.
  • Records:Put together a file of receipts, medical records, outstanding bills and lost wages that resulted from the accident. Tangible proof of financial losses is important to getting fairly compensated.

When you sit down to consult with your attorney, bring as much information about the accident as possible. This may prove invaluable in resolving your claim.

At Contact An Experienced Houston Car Accident Law Firm

If you or a loved one have been injured in a collision, it’s imperative that you are seen by a medical professional. Once your health is stable, contact Schechter, McElwee, Shaffer & Harris and schedule a free consultation. As an experienced Houston car accident law firm, we fight to get good people the full, fair compensation you deserve.