You’ve been involved in a car accident that you know isn’t your fault. But now another driver, their insurance company, or even a police officer is trying to pin the blame on you. It can feel like an overwhelming situation for just about anyone.
At Crosley Law, our attorneys in San Antonio have represented victims across Texas who have been blamed for car accidents that were not their fault. We understand how unfair and stressful the situation can be, and how you can fight back
We’ll walk through what steps you should take right now if someone is trying to blame you for a car accident that’s not your fault. Then, we’ll explain what Texas law says about fault and how the legal process works.
And if you would like to speak to a San Antonio car accident lawyer right away, contact us to schedule a free consultation.
Step 1: Talk to a car accident lawyer immediately
When you’re being blamed for an accident that wasn’t your fault, time is your most valuable resource. Hiring a skilled personal injury attorney is the best way to protect yourself, gather the right evidence, and stop the insurance company from twisting the story in their favor.
An experienced San Antonio car accident attorney can:
- Investigate the crash and collect hard evidence to back up your version of events
- Deal with the insurance companies so you don’t have to
- Help you avoid common mistakes that could hurt your case
- Prepare your case for court, if necessary
At Crosley Law, we begin building your case from day one. We gather evidence, interview witnesses, and work with accident reconstruction experts when needed to tell the full story of what really happened.
Step 2: Preserve all evidence you can
The more proof you can gather after a crash, the stronger your case will be. Try to:
- Take photos and videos of the crash scene, vehicle damage, road conditions, traffic signs, injuries, and anything else that might be relevant.
- Get witness contact information, especially if they are not related to you or riding in your vehicle.
- Preserve dashcam footage (if available), and ask nearby businesses if their security cameras may have caught the crash.
- Keep a written record of everything that happens after the crash: conversations, symptoms, pain levels, doctor visits, and anything else that may help tell your story.
Don’t panic if you weren’t able to gather evidence at the scene. Your attorney may still be able to find surveillance footage, cell phone data, or physical evidence that supports your claim.
RELATED: How lawyers prove fault in car and truck accidents
Step 3: Get a copy of the police report
Police reports often play a major role in how insurance companies assign blame. But officers aren’t always right. They may rely on incomplete witness statements or make assumptions based on limited information.
You have the right to review and, in many cases, supplement the police report. If it contains incorrect information, you and your lawyer can provide additional evidence or statements to correct the record.
Step 4: Dispute fault with the insurance company
If an insurance adjuster tells you that you were at fault, don’t take their word for it. Adjusters are trained to protect their company’s bottom line, not to look out for your best interests.
You can formally dispute their decision. Your lawyer can help you gather supporting documents and challenge their findings with:
- Witness statements
- Expert opinions
- Medical records
- Surveillance or dashcam footage
- Photos and diagrams of the crash scene
Your attorney can also request a copy of the other driver’s recorded statement and examine it for inconsistencies or inaccuracies.
RELATED: How to deal with an insurance adjuster after a car accident
Step 5: Be careful what you say (and post)
Anything you say to the insurance company or post on social media can be used against you. Keep your statements factual and brief. Don’t speculate or apologize. And don’t talk about your injuries or the crash online.
Instead, let your attorney do the talking. They know how to communicate with insurance adjusters without falling into the traps that can weaken your claim.
RELATED: Posting on social media after a car accident: how it can hurt (or help) your case
Step 6: Don’t pay a traffic ticket without talking to a lawyer
If you were issued a traffic ticket after the crash, that doesn’t mean you’re at fault. Officers often issue citations based on a very brief investigation. If you believe you were wrongly ticketed, you may be able to fight it in court.
Paying the fine without contesting the ticket is an admission of guilt. In other words, it can be easier to blame you for the car accident itself.
Talk to your attorney first. They can help you assess your options and may be able to represent you in traffic court as part of your injury case.
Step 7: Let your lawyer investigate the car accident further
Some of the most powerful evidence isn’t available to the average person. Your attorney may be able to:
- Subpoena phone records to check for distracted driving
- Analyze vehicle crash data (black box or event data recorder)
- Work with accident reconstructionists to simulate how the crash happened
- Conduct depositions under oath to get the other driver’s full story
These advanced legal strategies can uncover the truth and expose the real cause of the crash — even when the other side is pointing fingers at you.
RELATED: How to prove that brakes failing or other car defects caused your crash
What does “fault” actually mean in a Texas car accident case?
Fault in a car crash means legal responsibility. If someone caused a crash by driving carelessly or breaking traffic laws, they can be held financially responsible for your injuries, lost wages, and other damages.
Common examples of negligent driving include:
- Running red lights or stop signs
- Texting while driving
- Speeding
- Failing to yield
- Drunk or drugged driving
- Making illegal turns
To prove fault, your attorney must show:
- Duty of care: The other driver had a legal obligation to drive safely.
- Breach of duty: They failed in that obligation.
- Causation: Their failure caused the crash.
- Damages: You suffered injuries and losses because of it.
RELATED: Who is at fault in an intersection accident?
Why does fault matter so much in Texas
In Texas, determining fault in a car accident isn’t just a formality. It directly impacts whether you can recover compensation and how much you can receive. That’s because Texas follows a legal rule called modified comparative negligence, sometimes referred to as “proportionate responsibility.”
Under this rule, each party involved in an accident is assigned a percentage of fault based on their actions. If you’re more than 50% responsible, you can’t recover any compensation. But even if you’re less than 51% at fault, your compensation will be reduced by your percentage of fault.
Here’s a real-world example of how comparative fault works:
Let’s say you were rear-ended at a red light by another driver who was texting. However, your brake lights weren’t working properly at the time. The insurance company or a jury may decide the texting driver was 80% at fault and you were 20% at fault due to faulty brake lights.
If your total damages are $100,000, your award would be reduced by 20%, leaving you with $80,000 in compensation.
But if the other driver can convince the insurance company—or a jury—that you were 51% or more at fault, then you walk away with nothing.
This is exactly why the other side may try to twist the facts to blame you for a car accident that’s not your fault. And it’s why having an experienced San Antonio car accident attorney who can push back with solid evidence is so important. At Crosley Law, we know the tactics insurance companies use, and we don’t let them get away with blaming the victim.
Why do insurance companies try to blame you for a car accident you didn’t cause?
It’s simple: they don’t want to pay your claim.
Insurance companies make money by denying or minimizing payouts. If they can convince you (or a jury) that you were partially or mostly at fault, they reduce what they owe you or avoid paying anything at all.
That’s why they’ll comb through every piece of evidence looking for an excuse to blame you for a car accident, even if it means twisting the facts or misrepresenting what happened.
How Crosley Law has helped victims blamed for car accidents
Our San Antonio car accident attorneys have helped many clients who were unjustly blamed for car accidents. Our cases include:
- Obtaining a $9 million settlement for a family who lost their daughter after a collision with a truck. The truck driver in this case claimed the victim had run a red light, but we used accident reconstruction experts to prove otherwise.
- Obtaining a $175,000 settlement for a client hit by a driver who claimed that our client ran a red light. Our expert witness used damage patterns and impact speed calculations to prove the other driver’s claim was false.
See more examples of our work on our results page.
Don’t take the rap for a car accident that’s not your fault
If you’re being blamed for a crash you didn’t cause, you need a legal team that knows how to uncover the truth and fight back against unfair accusations. At Crosley Law, we specialize in complex, high-stakes car accident cases. Our San Antonio car accident lawyers use cutting-edge investigation techniques, collaborate with expert witnesses, and build powerful cases that hold wrongdoers accountable.
Our clients come to us during some of the most difficult times in their lives. We listen, we believe them, and we get to work.
Car Crash? Call Crosley
Don’t let someone else rewrite your story. If you’re being blamed for a car accident that wasn’t your fault, contact Crosley Law today.
We offer free, no-obligation consultations. Call us at (210) 529-3000 or fill out the contact form on our website to get started.
The information in this article is for educational purposes only and does not constitute legal advice. For personalized guidance, speak to a qualified attorney.
