Texas is an at-fault state when it comes to auto collisions. That means you need to prove the other party was at fault so you can claim against their insurance. Unfortunately, their insurer will be trying to do the same to you to avoid or limit its duty to payout.
You may know you did nothing wrong and are a responsible driver, but that does not mean you can prove it. Therefore you need to find fault with the other driver.
There are many ways drivers are negligent
Here are a few ways you might show a driver is negligent, or at least suggest that it is highly probable they were:
- Check their previous history: Perhaps the driver has numerous convictions for reckless driving or other such offenses.
- Consider their age: Statistics show young male drivers are the most likely to crash due to a lack of experience and an excess of testosterone.
- Check their medical history: Consider requesting their medical records. Perhaps there is something to suggest they have problems with vision or attention.
- Review any camera footage: If you have a dashcam, it may show that they caused the crash. If the other driver has one, it may indicate they were driving irresponsibly. Many streets also have cameras which could help build your case.
- Have a mechanic check their vehicle: People have a duty to ensure vehicles are roadworthy. If their tires are bald or their brake pads are worn, it may explain why they did not stop in time.
If the other party can show that more than half of the blame lies with you, then you lose the right to claim against their insurer and have to turn to your own. It will increase your premiums and cost you a lot in deductibles. A full investigation is essential to prove the other driver was negligent and should pay you compensation.