Key Factors in Proving Liability in Car Accident Personal Injury Claims
Sept. 24, 2025
After a car accident, you are left dealing with vehicle repairs, medical appointments, and phone calls with insurance adjusters. The last thing on your mind might be the legal details of your situation. However, identifying the party at fault for the accident is a critical part of getting compensation for your injuries and losses.
At The Law Office of Aaron Fonseca, I assist individuals who have been injured in car accidents. From my office in Edinburg, Texas, I serve clients throughout McAllen, Mission, and the entire Rio Grande Valley. I have seen firsthand how insurance companies can try to downplay injuries or shift blame to avoid paying a fair settlement. That is why you need an attorney who can help you establish the other driver's responsibility and fight to protect your rights.
The Foundation of a Claim: Proving Negligence
To successfully pursue a personal injury claim after a car accident, you must prove that the other driver was negligent. In legal terms, negligence means that a person failed to use the level of care that a reasonably sensible person would have used under similar circumstances. This failure directly caused your injuries.
To establish negligence, we need to show four specific elements:
Duty of care: Every driver on the road has a legal duty to operate their vehicle safely and follow traffic laws. This includes paying attention, controlling their speed, and yielding the right of way. This duty is automatically owed to all other drivers, passengers, and pedestrians.
Breach of duty: This happens when a driver fails to uphold their duty of care. Examples of a breach include speeding, running a red light, texting while driving, or driving under the influence. Essentially, they did something a reasonable driver would not do, or they failed to do something a reasonable driver would do.
Causation: You must show a direct link between the other driver's breach of duty and the accident that caused your injuries. For instance, if a driver ran a stop sign and T-boned your car, it is clear that their action caused the collision. The connection must be direct—your injuries would not have occurred if not for the other driver's mistake.
Damages: Finally, you must demonstrate that you suffered actual harm as a result of the accident. This harm can be physical injuries requiring medical treatment, lost wages from being unable to work, pain and suffering, and damage to your vehicle. Without damages, there is no basis for a claim.
Proving these four elements is the bedrock of any car accident liability claim.
Gathering Evidence to Build Your Case
A strong claim depends on substantial evidence. Immediately following an accident and in the days that follow, collecting specific pieces of information can make a significant difference in proving the other driver's fault.
Police Reports
The police report is often the first piece of evidence an insurance company will review. When law enforcement responds to an accident scene, the officer will document details like the date, time, and location of the wreck. They will also note road conditions, witness statements, and any citations they issue. While a police officer’s opinion on who was at fault is not the final word, it carries significant weight and provides a solid starting point for your claim.
Photos and Videos
If you are physically able, take pictures and videos of the accident scene. Use your phone to capture images of all vehicles involved, paying close attention to the points of impact. Photograph skid marks on the road, traffic signs, and any other details that help tell the story of what happened. These visuals can be powerful tools in demonstrating how the accident occurred and the severity of the damage.
Witness Statements
Independent witnesses can provide an unbiased account of the events. If anyone witnessed the accident, try to get their name and contact information. A statement from a third party who saw the other driver run a red light or weave between lanes can be very persuasive.
Medical Records
Your medical records are critical for determining the extent of your injuries and establishing a connection between them and the accident. It is important to seek medical attention as soon as possible after a wreck, even if you feel fine. Some injuries, like whiplash or internal damage, may not show symptoms for hours or even days. Following your doctor's treatment plan and keeping all medical documentation creates a clear record of your damages.
Understanding Texas Laws
Texas has several laws that affect car accident claims. Two of the most significant are the state's comparative fault rule and the statute of limitations.
Modified Comparative Fault
Texas follows a “modified comparative fault” rule, also known as the 51% bar rule. This means that you can still recover damages even if you are partially at fault for the accident, as long as your share of the blame is 50% or less. However, your final compensation award will be reduced by your percentage of fault.
For example, if you are found to be 20% at fault for an accident and your total damages are $100,000, you would be able to recover $80,000. If, however, you are found to be 51% or more at fault, you are barred from recovering any compensation at all. Insurance companies often attempt to use this rule to their advantage by assigning as much blame as possible to the injured party in order to reduce or eliminate their payout.
Statute of Limitations
In Texas, you generally have two years from the date of the car accident to file a personal injury lawsuit. This is known as the statute of limitations. If you try to file a claim after this two-year window has closed, the court will almost certainly dismiss your case. This deadline emphasizes the importance of acting quickly and consulting with an attorney well in advance of the deadline.
Personal Injury Attorney Serving Edinburg, Texas
Regardless of how challenging your case may appear, my commitment is to be a tireless advocate for your needs. When we work together, I will listen to your story and carefully examine your situation to find the best path forward. I will guide you through the legal process while making sure you always have the power to make the final decisions. From my office in Edinburg, Texas, my firm serves communities across McAllen, Mission, and the Rio Grande Valley. Call today for trusted legal representation in your car accident case.