How to Prove Fault in a Multi-Vehicle Accident in Texas
If you’re reading this after being involved in a multi-vehicle accident in Texas, you’re likely dealing with medical bills, vehicle repairs, and the stress of figuring out who’s responsible for these damages. To help protect your rights and secure the compensation you deserve, it’s going to be essential that you understand how to prove fault.
Here are the key ways to establish fault in a multi-vehicle accident:
- Gather photographic evidence from the scene
- Obtain the police accident report
- Collect witness statements and contact information
- Preserve vehicle damage documentation
- Secure surveillance or dashcam footage
- Document weather and road conditions
- Subpoena cell phone records of involved drivers
- Review maintenance records of all vehicles
- Obtain medical records linking injuries to the crash
While these steps can help build your case, proving fault in a multi-vehicle accident will require extensive legal expertise. Insurance companies will inevitably try to shift blame between drivers to minimize their payout, and Texas’s modified comparative fault rules can significantly impact your ability to recover damages.
Don’t risk handling this complex situation alone — call 713-224-7644 to schedule a consultation with an experienced personal injury attorney at Grimes & Fertitta. We will fight tirelessly to protect your rights and guide you through the legal process, allowing you to focus on recovery.
1. Gather photographic evidence from the scene
In the aftermath of auto accidents in Houston, photographs serve as crucial visual evidence of what occurred. If you are able and it is safe to do so, take extensive photos of all vehicles involved, including close-ups of damage points, skid marks, debris patterns, and the overall accident scene from multiple angles. Pay special attention to the final resting positions of all vehicles, as this can help accident reconstructionists determine the sequence of events.
Even if you’re unable to take photos immediately after the crash due to injuries, ask a friend, family member, or your attorney to return to the scene as soon as possible to document any remaining evidence.
2. Obtain the police accident report
The police report is often one of the most valuable pieces of evidence in determining fault, especially when filing progressive claims. This official document contains the responding officer’s observations, statements from drivers and witnesses, weather conditions, road conditions, and any citations issued at the scene. It may also include the officer’s professional opinion about how the accident occurred and who was at fault.
Request a copy of this report as soon as possible, as it can take several days to become available. Review it carefully for accuracy, as any errors should be addressed promptly.
3. Collect witness statements and contact information
Witnesses provide unbiased accounts of what happened during the traffic collision. Obtain the names, phone numbers, and addresses of anyone who saw the crash occur. This includes not just bystanders, but also nearby business owners or residents who might have witnessed the incident.
Immediate witness statements are particularly valuable because memories fade and change over time. If possible, record video statements on your phone or write down their account of events while the details are still fresh in their minds.
4. Preserve vehicle damage documentation
Detailed documentation of vehicle damage helps establish the points of impact and collision sequence in a rear-end accident. Take photographs of all damage to your vehicle before any repairs are made. Have a professional mechanic document the extent of the damage and provide a detailed repair estimate. Keep all repair receipts and documentation. This evidence can help prove how the accident occurred and counter any false claims about pre-existing damage.
If your vehicle is totaled, make sure to thoroughly document its condition before it’s taken to salvage.
5. Secure surveillance or dashcam footage
Video evidence can be invaluable in proving fault, but it must be secured quickly as many businesses only keep surveillance footage for a limited time. Check for nearby security cameras from businesses, traffic lights, or residential properties that might have captured the accident. If any vehicles involved had dashcams, request copies of the footage immediately. Your multi-vehicle collision attorney can help send preservation letters to ensure this crucial evidence isn’t deleted or recorded over.
6. Document weather and road conditions
Weather and road conditions can play a significant role in multi-vehicle accidents. Take photos and videos of any:
- Adverse weather conditions
- Poor visibility
- Road construction
- Missing or obscured traffic signs
- Malfunctioning traffic signals
- Hazardous road conditions that may have contributed to the crash
Document the time of day, lighting conditions, and any other environmental factors. This information can help establish if any drivers were operating their vehicles inappropriately for the conditions or if road maintenance issues contributed to the accident.
7. Subpoena cell phone records of involved drivers
Cell phone records can prove if any drivers were distracted by calls, texts, or app usage at the time of the crash. Your attorney can subpoena these records to show if a driver was using their phone immediately before or during the accident.
This evidence is particularly compelling in Texas, where texting while driving is illegal and can establish clear liability. These records can also help establish the timeline of events and verify driver locations through cell tower data.
8. Review maintenance records of all vehicles
Vehicle maintenance records can reveal if mechanical failures contributed to the accident. Request maintenance records for all vehicles involved to determine if any mechanical issues, such as brake failures, worn tires, or other maintenance-related problems, played a role in the crash. If a vehicle malfunction contributed to the accident, this documentation could shift some liability to the vehicle owner, maintenance provider, or even the manufacturer.
9. Obtain medical records linking injuries to the crash
Even if you don’t believe your injuries are severe, you should likely see a medical professional immediately. Why? Medical records serve two crucial purposes:
- Documenting the extent of your injuries
- Establishing that these injuries were directly caused by the accident
Keep detailed records of all medical treatments, including emergency room visits, follow-up care, physical therapy, and any ongoing treatment plans. Have your healthcare providers clearly document how your injuries relate to the accident. This documentation is essential for proving damages and countering any claims that your injuries were pre-existing or unrelated to the crash.
Proving fault in a multi-vehicle accident — FAQs
Whose insurance pays in a multi-car accident in Texas?
In Texas, the insurance company of the at-fault driver is responsible for paying damages in a multi-car accident, following the state’s modified comparative fault rule which allows drivers to recover damages as long as they’re less than 51% responsible for the crash. However, when multiple drivers share fault, each driver’s insurance may be required to pay a portion of the damages based on their percentage of responsibility, making these cases particularly complex and often requiring legal expertise to resolve.
Who decides fault in a car accident in Texas?
In Texas, fault in a multi-car pile-up is ultimately decided through a combination of evidence gathered by police reports, insurance company investigations, and potentially the courts if a lawsuit is filed.
While insurance adjusters make initial determinations of fault, if the parties disagree, a judge or jury may make the final decision based on the evidence presented, including witness statements, photos, expert testimony, and other documentation from the accident.
Learn more: Can you sue an insurance company for taking too long?
Is Texas an at-fault state?
Texas is an at-fault state where drivers who cause multi-vehicle accidents are financially responsible for the damages and injuries they cause to all affected parties. In complex chain-reaction crashes, multiple drivers may share different percentages of fault under Texas’s modified comparative fault system, which allows injured parties to recover damages as long as they are less than 51% responsible for the collision.
How much are most car accident settlements?
While many people search for the average settlement for back and neck injury cases, settlement amounts in multi-vehicle accidents can vary dramatically based on factors like the number of vehicles involved, severity of injuries, and percentage of fault assigned to each driver.
Multi-vehicle accident settlements typically range from tens of thousands to millions of dollars, with higher amounts awarded in cases involving severe injuries, multiple liable parties, and clear evidence of fault.
Contact an experienced multi-vehicle collision attorney at Grimes & Fertitta today!
Proving fault in a multi-vehicle accident in Texas requires extensive evidence gathering, skilled negotiation with multiple insurance companies, and a thorough understanding of Texas liability laws.
The complexity of these cases increases exponentially with each vehicle involved, making it critical to have a knowledgeable advocate on your side. Without experienced legal representation, you risk missing crucial evidence, accepting an inadequate settlement, or being unfairly blamed for the accident.
At Grimes & Fertitta, we have a proven track record of successfully handling complex accidents throughout Houston and surrounding areas. Our attorneys know exactly what evidence to gather, which experts to consult, and how to build a compelling case that proves fault and maximizes your compensation. We’ll also handle all communication with insurance companies while you focus on recovery, and we don’t collect any fees unless we win your case.
Call 713-224-7644 or contact us online to schedule your consultation today.
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