women upset after car accident

How to Prove Fault in a Car Accident

After a car accident, the amount of compensation you receive, if at all, is largely based on proving who was actually at fault. While this may seem like a simple concept, determining fault can be tricky. In some instances, there may be multiple drivers who are partially at fault in an accident.

Texas is an at “fault state,” meaning that the insurance company of the person at fault will pay for the damages of the injured party. This also means that the insurance company will be looking for any means necessary to disprove fault from the driver that they insure.

Gathering Evidence

Collecting your own evidence is crucial after an accident. Make sure to take photos, gather witness statements, and obtain police records yourself. The insurance company will be collecting its own evidence for the case, but you and your car accident attorney in Austin, TX should be collecting your own in order to show what actually happened.

One important piece of information to remember following a car accident is to never say sorry. This seemingly innocent statement can be taken out of context and used against you to show that you admitted fault. Be careful with any statements you give following an accident, but always avoid saying the words, “I’m sorry.”

The Insurance Company Is Not on Your Side

You will be looking to receive compensation from the insurance company of the at-fault driver. The insurance company will launch its own investigation into the accident in order to determine fault. They will be looking for any means they can to deny that the other driver was at fault so they don’t have to pay up.

With the evidence you previously gathered, your personal injury attorney should be able to show that the other driver was at fault and that the insurance company is liable to compensate you for your damages.

Doing this on your own can be challenging, and having an experienced trial attorney on your side can truly make or break your case. Your attorney will also launch their own investigation into the matter and work to show that, in fact, the other driver was at fault. If the insurance company does not offer you fair compensation for your injuries, our attorneys will be prepared to go to court to ensure your rights to compensation are protected.


Let us be your voice in the courtroom. Contact Briggle & Polan at (512) 400-3278 to speak with an Austin personal injury attorney about your case.