How to Win an At Fault Accident Case | Car Accident Defense Tips
Can You Win an At-Fault Accident Case? Here’s What to Know
Being told you’re at fault right after a crash doesn’t necessarily settle the question — fault determinations get made quickly, sometimes on incomplete information, and they can be challenged.
Understanding Fault in Texas
Fault is based on negligence — a failure to exercise reasonable care that caused the crash. Texas follows a modified comparative negligence rule: you can still recover compensation as long as you’re found 50% or less responsible, with your recovery reduced by your own percentage of fault. Being found more than 50% at fault bars recovery entirely. Insurance companies, police, and lawyers all weigh in on that percentage — and a police report’s opinion on fault isn’t the final word.
How an Initial Fault Determination Can Be Wrong
- There may not be enough evidence to actually support the fault assigned to you
- An officer or adjuster can simply get it wrong based on limited information at the scene
- You may share fault, but less than the other driver — which still allows recovery under Texas’s rule
For example, a rear-end collision is often assumed to be the following driver’s fault by default — but if the lead vehicle had non-functioning brake lights, that assumption can be successfully challenged with the right evidence.
How to Dispute an Unfair Fault Determination
- Photograph or video the scene, vehicle positions, and property damage
- Get contact information for independent witnesses
- Request a correction if there’s a factual error in the police report
- Bring in an accident reconstruction expert for genuinely disputed cases
What to Do (and Not Do) After Being Blamed
- Stay calm, and never say “I’m sorry” or admit fault — even “I didn’t see you” can be used against you
- Avoid giving a recorded statement to the other driver’s insurer before speaking with an attorney
- Keep a written record of the accident, your treatment, and how you’re feeling while it’s fresh
- Keep every document: photos, medical bills, and repair estimates
- Talk to a lawyer early — before the narrative around fault gets locked in
When to Bring in a Lawyer
If your case is genuinely disputed or the fault determination doesn’t match what you experienced, a personal injury lawyer can challenge the assigned percentage, negotiate directly with the insurer, explain how Texas’s fault rules apply to your specific facts, and gather the evidence needed to support your side.
Think you were wrongly blamed for a crash?
Being told you’re at fault isn’t the end of your case. Call the Traub Law Office at (512) 246-9191 or contact us online for a free case evaluation.
About Andrew Traub
