What if it isn’t clear who caused an accident?

There are a number of reasons it may be unclear who caused a car accident. Accidents often happen in split-seconds. A driver’s view may be obscured by a blind spot or other cars. Sometimes drivers are hit by another vehicle without even a chance to see who hit them, or how the collision occurred.

Phantom Vehicle

Sometimes a driver who was actually at fault may claim that another car veered into the lane and sped off. When someone claims there was another vehicle that actually caused the accident, this is sometimes referred to as a “phantom vehicle.” In some cases, the vehicle is exactly that – a phantom that the at-fault driver imagined or invented.

Mitigating Circumstances

Car accidents are sometimes caused by outside factors, even if no one is at fault. Rockfall or unsafe road conditions may have led a safe driver to swerve in an unsafe manner.

These are often known as “mitigating circumstances.” Under Texas law, if there are mitigating circumstances in a car accident, sometimes it is not possible to assign fault to anyone.

When a judge or jury determines that no one was at fault, all the drivers involved in the accident are generally responsible for their own injuries and property damage. The drivers all report the accident to their own insurance companies, who will decide whether or not the accident was covered.

That’s why it is so important to have an experienced Texas personal injury attorney representing your interests. A seasoned Texas accident lawyer can obtain all the evidence by requesting subpoenas (court orders) to see police reports or surveillance camera footage that may show which driver was at fault.

Your attorney will also examine the evidence from your perspective, instead of letting the other drivers (or their insurance company lawyers) try to spin the evidence to say you were at fault, or no one was at fault.

If you have been in an auto accident in Texas, get in touch with Justinian & Associates. We offer a completely free consultation with a real, experienced personal injury lawyer. We will listen to your story and explain your options. There is no obligation, and if we don’t win your case, you pay nothing. Call, text or email us today.