Being at fault for a car crash can leave anyone worried about repair expenses or insurance rates. Yet, you can feel even more distressed if you think you’re the one to blame. It can be tricky to plan your next steps. Before we discuss what to do after an accident, we need to clarify that “fault” defined legally isn’t the same as how we use the word in everyday language.
Understand cause in fact vs. fault.
You might think that glancing at a text or not using your signals could be reasons the accident is your “fault”; however, it would more accurately be described as a “cause in fact” instead. When you tell the police or an insurer that the crash was your fault or caused by you, that can lead to a legal admission of guilt that wouldn’t have occurred otherwise.
A cause in fact is a factor or action that took place before the accident but is not necessarily the defining fault. What you might think is the cause may not be the official legal cause at all. This is critical to remember because Texas is an at-fault state, meaning that whoever is legally accountable for the accident is responsible for paying the damages.
Avoid taking the blame.
Because of this legal fine line, we encourage you to avoid taking the blame no matter what. When speaking to the police and insurers, simply tell them the facts of the event. There is no need to provide your insight or opinion. What you say to them could be used against you in court.
Always speak with an attorney.
You should consult an attorney if you are worried about being at fault for a car crash. They can help you determine whether the other driver may have some reason to be liable for the crash and defend you from unjust accusations. If you or someone you know has recently experienced an auto collision, contact our team at (915) 233-6427. We’ll help you through this complicated and nuanced process.
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