Car accidents can turn lives upside down. In just a few seconds, someone else’s poor decision can lead to pain, stress, property damage, and rising medical bills. It’s not just the physical injuries that weigh heavy—it’s the emotional and financial impact too.
If you or a loved one has been involved in a car crash, you may be left wondering how to move forward, especially when it comes to proving who was at fault.
At Guerra Law Firm PC, we help clients throughout Southern Texas hold careless drivers accountable for accidents they cause. Our goal is to support you as you seek justice and fair compensation for your losses. If you're asking how you can prove liability in a car accident case, we're here to walk you through it step-by-step.
Reach out to us today if you've been hurt in a crash and need legal guidance from a compassionate and trusted car accident lawyer.
What Liability Means in a Car Accident Case
Liability refers to legal responsibility. In a car accident case, proving liability means showing that another driver (or party) caused the accident and should be held responsible for the resulting damages. Without proving liability, it’s nearly impossible to recover compensation.
In Texas, fault matters. Texas follows a modified comparative fault rule, meaning that if you're found to be more than 50% responsible for the accident, you can’t recover damages.
If you’re found to be less than 51% at fault, your compensation will be reduced by your percentage of fault. That’s why it’s critical to build a solid case with a car accident lawyer showing the other party was primarily responsible.
Key Elements Needed to Prove Liability
To successfully prove liability, certain legal elements must be established. These elements apply to most personal injury claims, including car accident cases.
Four key elements in proving liability include:
Duty of care: The other driver had a legal obligation to drive safely and follow traffic laws.
Breach of duty: The driver failed to uphold this obligation—for example, by speeding or texting while driving.
Causation: The breach of duty directly caused the accident.
Damages: The accident resulted in real damages like medical expenses, lost income, or pain and suffering.
Each of these must be supported with strong evidence. Even if it’s clear the other driver was reckless, it still takes documentation and testimony to win your case.
Types of Evidence That Help Prove Liability
Evidence is the foundation of any successful car accident case. The more documentation you have, the stronger your claim will be.
Common types of evidence used in car accident cases:
Police reports: Official accident reports can contain details about fault, citations, and statements from those involved.
Photographs and videos: Images from the crash scene, vehicle damage, skid marks, and road conditions can help reconstruct the accident.
Witness statements: Testimony from bystanders or passengers can confirm your version of events.
Medical records: These documents show the extent of your injuries and link them to the accident.
Surveillance footage: Video from traffic cams or nearby businesses can capture the accident or the moments leading up to it.
Vehicle damage reports: Assessments from auto shops can help show the angle and severity of the collision.
Gathering this evidence promptly is key. The longer you wait, the harder it can be to find reliable proof.
How Fault Is Determined After a Crash
After an accident, fault isn’t just assigned based on gut feelings. Insurance companies, police officers, and courts rely on a variety of tools to assess what happened.
Ways fault is determined after a car accident:
Police investigation: Officers examine the scene, interview witnesses, and file a report that may indicate who they believe caused the crash.
Insurance adjusters: Insurers review the evidence and apply state laws to determine how much (if anything) they’ll pay out.
Crash reconstruction experts: In serious or disputed cases, professionals may analyze the crash using physics and forensic data.
Traffic laws: Citations or violations are strong indicators of fault, especially if one driver was clearly breaking the law.
Admissions by drivers: If a driver apologizes or admits fault at the scene, those words may be used against them later.
Fault isn’t always straightforward. That’s why it helps to work with someone who knows what to look for and how to present the facts.
When More Than One Driver Is at Fault
It’s not uncommon for more than one person to share blame in a car accident. For example, one driver might have been speeding while the other ran a red light. In these cases, Texas law allows for comparative fault.
Some key points about shared fault in Texas:
You can still recover damages as long as you're 50% or less at fault.
Your compensation is reduced by your percentage of fault.
Insurers may try to exaggerate your share of blame to lower what they pay.
Solid evidence and a strong argument are needed to push back on unfair blame.
These situations can get tricky. You’ll want someone fighting for you who can challenge attempts to shift fault onto your shoulders.
Mistakes That Can Hurt Your Case
Some actions—or inactions—can seriously damage your ability to prove liability. Even when the facts are on your side, small missteps may be used against you.
Common mistakes that weaken a liability claim:
Not calling the police: A police report adds credibility to your claim. Without it, it’s your word against theirs.
Failing to gather evidence: Skipping photos or not getting witness info can make it harder to prove fault.
Delaying medical treatment: Gaps in treatment can give insurers an excuse to question your injuries.
Posting on social media: Comments or pictures can be taken out of context and used to discredit you.
Admitting fault: Even saying “I’m sorry” at the scene may be interpreted as admitting liability.
Avoiding these mistakes gives you a better shot at holding the right party accountable.
How a Car Accident Lawyer Can Help You Prove Liability
Dealing with insurance companies and legal claims can be overwhelming—especially when you're recovering from injuries. Having a lawyer in your corner can make a big difference.
Some ways a car accident lawyer can strengthen your liability claim include:
Investigating the accident: A lawyer can dig deeper than insurers, uncovering crucial facts and hidden evidence.
Collecting and preserving evidence: From securing video footage to tracking down witnesses, your lawyer builds a strong case.
Negotiating with insurers: Insurance companies often make low offers. A lawyer fights to get you fair compensation.
Hiring accident reconstruction experts: When necessary, your lawyer can bring in professionals to analyze the crash.
Preparing for court: If a settlement isn’t possible, your lawyer will be ready to present your case to a judge and jury.
When your financial future and recovery are on the line, it helps to have an experienced car accident lawyer, like Attorney Manuel Guerra, fighting for your rights.
Contact a Trusted Car Accident Lawyer
If you've been injured in a car accident in McAllen or anywhere in Southern Texas, proving liability is one of the most important steps in your case.
From gathering evidence to challenging unfair blame, Guerra Law Firm PC is committed to helping clients secure the justice they deserve. We’re proud to support individuals and families who need someone to stand up for them after a crash.
Don’t wait to get the help you need. Reach out to Guerra Law Firm PC today and let us help you take the next step toward financial recovery and peace of mind.
