When two cars are at an intersection, one should yield to the other. Unfortunately, sometimes neither driver yields to the other, and they collide with each other. When both witnesses claim to have had the right-of-way, proving which driver was negligent can be difficult.

What Makes Collision Claims Difficult?

There are three parts to an auto collision insurance claim:

• Liability

• Damages

• Recoverability

Texas is a fault-based state. Accordingly, an injured victim must prove that the at-fault driver is legally responsible for the collision before the victim can recover damages from the at-fault driver’s liability policy. Therefore, a Texas claimant’s damages are irrelevant if the claimant cannot prove the adverse driver’s negligence caused the collision.

Injured victims often use the crash report to prove that the at-fault driver’s negligence caused a collision. However, since the responding police officer usually is not present to witness the collision, officers rely on their knowledge of Texas traffic law, their observations of the vehicles and the surrounding area, and the drivers’ statements when drafting their crash reports.

In some cases, the officer’s job of determining the collision’s contributing factors is relatively straightforward (e.g., when a driver rear-ends another car while texting and driving). In other cases, the job is much more challenging. For example, intersection cases are complicated when both drivers claim to have had the right-of-way. Unless a neutral witness breaks the tie, the police officer will likely list both drivers as contributing factors or state that the officer could not determine who had the right-of-way. Regardless, the insurance company will use either basis to deny an injured victim’s claim and avoid paying damages.

What Should I Do After an Intersection Collision?

When someone is injured in an intersection collision and believes the other driver was at fault, the person should act quickly to preserve his or her claim.

• Call the police - Even if the police officer cannot determine fault, it is still best to call 911 for police assistance, especially if someone sustains injuries and needs emergency medical attention.

• Eyewitnesses - A statement from a credible, uninterested witness may convince the adjuster—or, if necessary, a judge or jury—that the at-fault driver caused the collision, a prerequisite to recovering damages in Texas.

• Nearby surveillance - In modern times, many homes and business owners have video cameras to monitor their premises. Check whether any nearby buildings have cameras pointed towards the area where the collision occurred.

• Dash cameras - Some passenger and commercial vehicles have dash cameras that record sounds and images inside and outside the vehicle as it travels. Make a note if the other driver’s vehicle has a dash camera, and ask the police officer to make the camera’s contents part of the investigation and crash report.

• Call an injury lawyer - Experienced injury lawyers may be able to help develop a claim by gathering and organizing necessary evidence immediately after a collision. Generally, the longer it takes for a crash victim to hire an attorney, the more likely the insurance company will undervalue or deny the claim.

If someone else’s negligence injures you or a loved one, you have enough things to worry about. Do not let dealing with the at-fault driver’s insurance company be one of them. We deal with the insurance company so you can focus on getting your life back to normal. You have one chance to do this; make the right choice by choosing the right attorney. Call us at (956) 291-7870 or email us at contact@rdjlawyer.com for a free consultation and case evaluation.