Car Accident: Proving Who’s Responsible

A car accident can result in personal injury, property damage, and other losses. If the crash was caused by the negligence of another party, you can seek compensation. Our experienced car accident lawyers can help you file a claim for damages.

Texas personal injury laws stipulate that the negligent party must pay for the damages caused by their negligence. However, you must prove the liability of the other driver before you get any compensation. Here are some key steps you can take towards proving who is responsible for a vehicle crash.

The Police Report

If you suffer a car accident, law enforcement officers will arrive on the scene to investigate the incident. The officers gather statements from you and the other drivers involved. A report is then filed, known as a police report or a crash report. This report is vital in establishing liability in a car crash.

You will need to retrieve a copy of the police report. For reports filed by the Dallas Police Department, you can get in touch with the DPD Records Division. Reports filed by the state troopers can be found on the Texas Department of Transportation website.

Relevant Evidence

You must gather other relevant evidence to back up your claim and prove liability in a car crash case. Such evidence may include the following:

Witness Statements – These are a powerful form of evidence in a court of law. You must ask the right questions when seeking witness statements. Know that the other party may also be able to question any witnesses you present.
CCTV Footage – It is possible that a car crash was captured by a CCTV camera nearby. You will need to get in touch with the owner of the CCTV camera and retrieve the footage. A lawyer can be immensely helpful in this regard.
Photos and Videos – A vehicle accident often results in important on-site evidence. This may include visible damage to the vehicles, skid marks on the road, damage to a pole or wall nearby, and injuries to the parties involved. You can snap photos and videos of this evidence to later use in your claim.
Black Box Data – If your accident involved a collision with a truck, you may need black box data from the truck to prove the fault of the truck driver.

Proportionate Responsibility

A car crash may be caused by the negligence of more than one party. For instance, if you were speeding when a driver who ran a red light hit you, both you and the other driver may be found responsible. In such cases, Texas’ proportionate responsibility rule comes into play.

This rule assigns a percentage of fault to all the negligent parties. Your compensation is then reduced by the percentage of your fault. However, you are not entitled to any compensation if your percentage of fault is 51% or more.

Why Hire a Car Accident Lawyer?

If you have suffered injuries and other losses in a Dallas car crash, we can help you. Here at Chris Lewis & Associates P.C., our accident lawyers work with you to hold the negligent party accountable for your losses. We also negotiate with the insurance company to secure a fair settlement for your claim.

Call us today at 214-984-3113 to discuss your claim with our lawyers or fill out our contact form below.

Chris is intelligent, incredibly hard-working, zealous, and, sometimes, downright scary. He commands the respect of all of his peers (defense attorneys and prosecutors alike) and of the judges. Whenever my husband saw Chris at court, my husband would light up and feel encouraged because he “felt safe.” He knew Chris would protect him and had his best interest in mind. If you want to be impressed and to witness the definition of a top advocate, you must watch Chris perform in the courtroom.

A.D.