Because Texas is an at-fault state for car insurance, the at-fault driver is responsible for paying for the damage they cause in a car accident. However, you have to prove the other driver was at fault to hold them responsible. If you were involved in a traffic accident, you reasonably want the other driver to be cited to make the process of proving they were at fault easier. If they’re not cited, other ways may exist to help hold them accountable. An experienced auto accident lawyer in San Antonio can help.
How Traffic Citations Are Issued in Texas
Many traffic violations in Texas are considered class C misdemeanors, including speeding, running a stop sign, or running a red light, which generally have a maximum punishment of a fine of up to $500. For a police officer to issue a citation, they must generally observe the traffic violation or have a reasonable basis to believe the driver committed a traffic offense. It is at the police officer’s discretion as to whether or not to issue the citation.
The Effect of No Citation
While a citation from a law enforcement officer that says the other driver committed a traffic offense is helpful to prove fault in your case, not having a citation doesn’t mean that the other driver wasn’t at fault or that you can’t prove it. If a driver is issued a traffic citation and pleads guilty or pays the ticket, the court can assume this is the case, making it easier to find the driver at fault for the accident. However, you can still pursue a claim for your injuries or damages, but you will need other evidence of how the accident occurred and why the other driver is at fault under the circumstances.
Other Evidence That Can Prove Fault
Fortunately, there are other ways that you can potentially prove fault, such as:
The Accident Report
Even if the police officer didn’t cite the other driver, an accident report may contain useful information that can help show how the accident occurred, such as:
- The location of the vehicles
- Road and weather conditions
- A diagram of the vehicles and the accident scene
- Pictures of the accident scene
- Notes on the damage to vehicles
Ask the officer for a copy of the accident report once it is prepared, as it can play a critical role in your case.
Accident Scene Photos
Photos of the accident scene can help paint a picture of how the accident likely occurred, especially when they contain details like street signs, depict road and weather conditions, and are shot from various angles. Take as many pictures as possible after the accident to help with evidence later in your claim.
Video Footage
Today, many things are recorded. Traffic cameras may have recorded traffic violations. Business surveillance cameras may have recorded a portion of the collision. Bystanders may have made recordings that prove useful for your claim. Your lawyer can try to obtain any available video footage to help prove your case.
Witness Statements
Statements from objective witnesses can help back up your version of events or provide an independent opinion regarding how the crash occurred.
Contact George Salinas Injury Lawyers for Help Proving Your MVA Case
If you were injured in an accident caused by someone else, you shouldn’t have to pay the consequences. George Salinas Injury Lawyers can help prove the other driver was at fault and is responsible for the harm they caused. Contact us today to get started with a free case review.