Who hit who in a car accident is one of the most crucial first questions that must be answered in a car accident case. Sometimes, it can be extremely difficult to tell who is at fault — especially in accidents that involve numerous vehicles. While an accident reconstruction expert can be hired to determine the root cause of a car accident, sometimes, this cost exceeds the value.
So, what other methods can you and your car accident lawyer use to determine who is at fault in a car accident? Here are 9 ways car accident attorneys investigate who is at fault in an accident.
1. The Police Report / Crash Report
When a car accident occurs, at least one party involved should call 911 to report it. This brings police and medical first responders to the scene of the crash. Police officers will investigate what happened and speak with anyone involved, and they may prepare a written accident report.
This report will include vital details such as names and insurance details for all drivers in the crash, weather and road conditions, and which party the officer believes to be at fault for the collision. The report will also include details about whether or not the officer issued a citation or placed anyone under arrest.
Whether the other driver faces criminal or traffic charges, you can use these details from the police report to strengthen your claim that they were at fault. The most critical factor in securing compensation from an insurance claim or personal injury lawsuit is establishing that the other person owed you a duty of care and was negligent. The police report can become a strong foundation for your case.
2. Witness Statements
Eyewitnesses are individuals present at the scene of an auto accident who saw what occurred. Other potential witnesses include passengers, pedestrians, bystanders, and other drivers not involved in the collision. If you’re able to after the accident, be sure to speak with witnesses and ask them for their contact information so your car accident attorney can interview them later.
Eyewitness testimony can be helpful when determining who caused the car accident. Witnesses can also include details such as:
- If one or more vehicles were speeding
- What the weather conditions were at the time of the crash
- Whether anyone involved appeared to be intoxicated
- If anyone ran a stop sign or disobeyed another traffic law
- If the other driver admitted fault or asked you not to call the police
Sometimes, drivers don’t want law enforcement involved because they are driving on a suspended license or they don’t have insurance. In Texas, all drivers are required by law to purchase liability insurance to cover any injuries and damage they cause in a crash.
Regardless of what the other person says, you should always call 911 for police to come to the scene since it protects your rights and provides the police report for evidence in your claim.
3. Accident Scene Photos or Videos
If you are injured and cannot safely move, stay put and ask someone to call 911 for medical attention. If you are able to move, take photos or videos at the scene of the accident.
These images can be helpful evidence for the insurance companies involved and for your personal injury attorney. Try to capture close-ups of the accident scene before anyone moves their vehicle, then get yourself and your vehicle out of harm’s way in traffic. Take pictures of anything that might show what happened and who is at fault, including:
- Points of impact and areas of damage to your vehicle
- Damage to any other property, such as clothing, computers, luggage, or cell phones
- Your injuries
- Road conditions
- Skid marks
- Traffic signals
- Debris
- The other driver’s insurance card, driver’s license, and license plate
You can also ask witnesses if they took photos and will share those with you.
4. Vehicle Damage
The location and type of damage to each vehicle can often indicate who hit who, how hard, and in what way. To gather evidence of the vehicle, get the names of witnesses, take pictures at the accident scene, and ensure the police document it. It’s vital that you gather these types of evidence so your auto accident lawyer can use it in your case since insurance companies will be doing exactly the same thing.
You should also work with your attorney to find reputable repair shops that will provide estimates of the repairs needed to support your damage claims. If you have a lot of customization or modifications on your car, or it’s a vintage vehicle, you will need to gather records of what you’ve spent on it.
It’s also helpful to gather the value of comparable vehicles, especially antiques, to ensure you are adequately compensated so you can return it to its pre-accident condition. For example, you might search Edmunds.com to determine your vehicle’s value or work with professional assessors if your car is extremely rare.
5. Victim Injuries
If you are injured in a car wreck, you should seek immediate medical attention. Medical personnel will take notes on your injuries and your descriptions of how they occurred, which can be used as evidence. You should get evaluated at the scene by paramedics even if you think you aren’t hurt.
Many injuries don’t show up right away because of the rush of adrenaline you experience after a car crash. You could also have whiplash or a traumatic brain injury with symptoms that begin after you are home or in the days following the accident. Along with getting seen at the crash site, make an appointment with your doctor for a full evaluation within 72 hours.
Getting medical attention can protect your health, and it also provides powerful evidence for your claim. If there’s any dispute over who hit who, your medical records and your doctor’s testimony about how your injuries were likely caused can help prove the truth. Their statements about your expected prognosis can also support your claim for future medical costs in your damage demands.
6. Surveillance Footage
Some traffic intersections have video cameras recording what happens there. In addition, some businesses have outward-facing security cameras that record footage on an ongoing loop to both deter and track vandalism to their property. Video footage like this can serve as evidence of who hit who in a car accident.
Another powerful form of evidence is dashcam footage from other drivers, who may stop at the scene to offer their videos or contact details. In all cases, your car accident lawyer can work with private individuals, businesses, and local governments to request footage from any camera that might have evidence of what happened and who is at fault.
One concern about requesting this footage is that it must be done quickly. Many businesses only keep the last 24 hours or a few days of video to save space. If the other driver had a dashcam, they may decide to delete it as a way of protecting themselves. If you hire a car accident attorney right away, they can take steps to ensure all parties preserve vital evidence that could support your case.
7. Expert Analysis
Another advantage to working with an experienced car accident law firm is its network of experts who can provide vital information on your claim. For example, your attorney may collaborate with accident re-constructionists or forensic engineers who specialize in fields such as mechanical or biomechanical engineering. This allows them to use expert testimony to reconstruct how a car accident occurred.
Using video and other visual demonstrations, these experts can describe how each car reacted in the crash, who is likely at fault, and how you suffered your injuries.
8. Vehicle Event Data Recorders
Not unlike an airplane’s “black box,” a motor vehicle can contain an event data recorder or EDR. Federally mandated in all passenger vehicles since 2012, EDRs record a car’s activity in the moments before and during a vehicle accident. Recorded data includes steering wheel angle, restraint use, acceleration, dashboard warning lights, and more.
This data can help resolve liability disputes, especially if your attorney requests the data and works with professionals to analyze it. The at-fault driver may claim they braked to avoid a crash, but if the EDR data doesn’t verify that, your lawyer can push back during settlement negotiations with the insurance company or during a personal injury trial.
In addition, many drivers use tracking apps through their insurance providers to obtain discounts for driving safely. These apps use GPS data to show whether a driver brakes suddenly, drives over the speed limit, or uses their cell phone while driving. By requesting this data, your lawyer can use it further to support your claim of negligence by that driver.
9. Cell Phone Records and Social Media
Under a Texas law passed in 2024, texting while driving is illegal and subject to fines of up to $200. Your attorney can subpoena the other driver’s cell phone records to show if they were using their phone to text or call, although the report can’t show if the person was using a hands-free device to make a call.
A more recent method of uncovering fault includes scouring the person’s social media accounts to find out if they were posting while driving or made posts about the crash afterward.
This might include any statements saying you were at fault or admitting they made a mistake that led to the accident. Your lawyer and their support team will examine these accounts for anything that could support your case.
However, it’s important to remember that insurance companies could use this same technique against you. For that reason, it’s smart to stay off social media after an accident and only speak to your attorney about your case. Follow your doctor’s orders and don’t do any activities they advise you to avoid.
The Most Important Factor Is the Car Accident Attorney You Choose
If you were involved in a car accident, contact the Houston car accident lawyers at Dax F. Garza today. Our law firm will get you the immediate legal assistance you need when the driver claims you are the at-fault driver. Our car accident lawyers have the skill and experience to manage the insurance adjusters and provide legal advice about your legal rights.
We can help you prove your claim against the other driver. Contact us today for a free case evaluation and get started today.
