How Fault Is Determined After an SUV Cuts Off a Motorcyclist on San Antonio's East Side

How Insurance Companies Determine Liability

The way that an insurance company determines liability is through the conversations it has with the persons involved, in particular their insured, as well as requesting a recorded statement from the claimant, which is the injured person.

The Legal Standard for Fault

However, the proper legal way to determine fault for negligence is to determine whether there was a breach of a duty or responsibility or a violation of Texas laws when operating a motor vehicle on Texas roads.

Law Enforcement's Role at the Scene

Law enforcement will usually arrive to the scene, prescribed that responsibility by the Texas government code, to investigate as a peace officer the facts of a collision and will apply their training to determine the contributing factors for a motor vehicle collision, including witness statements and evidence observed at the scene.

Why You Need a Personal Injury Lawyer

It is important to hire a personal injury lawyer to determine whether the evidence is reliable and trustworthy as well as to determine whether there is additional evidence that needs to be gathered.

When another individual violates a duty and causes harm, that is called a breach that approximately causes the collision and amounts to negligence.