Temple Car Accidents

Who’s At Fault in a Temple Car Accident? How Liability Works After a Crash 

After a car accident in Temple, Texas, one of the most critical questions you’ll face is: Who is at fault? This single determination can impact everything from who pays for medical bills and vehicle repairs to whether you can file a personal injury claim at all. Texas is an at-fault state, meaning that liability must be established before any compensation is awarded. And in Temple, that process is governed by state negligence laws, insurance policies, and the unique facts of your case. 

   

At Scanes Yelverton Talbert, we understand how complex and stressful this process can be. We are here to help you gather evidence, navigate insurance negotiations, and pursue the compensation you deserve. Whether you’re unsure how fault will be determined or you’re already facing resistance from the other party’s insurer, we can provide the legal guidance and advocacy you need every step of the way. 

 

How Is Fault Determined in Vehicle Accidents? 

A fault in a Temple car accident is based on the legal concept of negligence. This means that someone failed to act with reasonable care and, as a result, caused the crash. For example, if a driver ran a red light at the intersection of West Adams Avenue and 31st Street and struck another vehicle, they’d likely be considered negligent. In other cases, the determination might not be as apparent. If both drivers were speeding or one was distracted while the other failed to yield, assigning blame becomes more complicated. Police officers who respond to the scene typically make an initial assessment of fault. Still, their findings aren’t the final word. Ultimately, liability can be contested and must be supported by credible evidence. 

 

What Is Comparative Negligence in Texas? 

Texas uses a legal standard called modified comparative negligence, which can significantly affect the outcome of your claim. Under this rule, you can still recover damages as long as you're not more than 50% at fault for the accident. However, your total compensation will be reduced by your percentage of fault. So, if you were found to be 30% responsible for a crash on East Central Avenue and your total damages were $100,000, you’d only be eligible to collect $70,000. But if you're found to be 51% at fault or higher, you’ll be barred from recovering anything at all.   

 

This is precisely where Scanes Yelverton Talbert can make a difference. Our attorneys know how to challenge inflated fault claims from insurance companies and opposing counsel. We’ll work to gather evidence, consult with accident reconstruction experts if needed, and build a strong case to protect your rights. When the margin between 49% and 51% can determine whether you recover thousands or nothing at all, having SYT in your corner can be the key to a successful outcome. 

   

Evidence Used to Determine Fault in a Car Accident 

Establishing fault in a Temple accident relies heavily on the quality and quantity of evidence. One of the most critical pieces is the police report, especially if the Temple Police Department or Texas Department of Public Safety responds to the scene. Officers document the road conditions, driver statements, and whether any traffic citations were issued, which can significantly influence the fault determination. 

   

Witness statements also play a significant role. For instance, if a bystander saw a driver run a stop sign near Lions Junction Family Water Park, their account could support your version of events. Surveillance footage from nearby businesses or dashcam video may provide visual proof of how the crash occurred. Photos showing damage to the vehicles, the final position of the cars, and skid marks can help accident reconstruction experts understand the mechanics of the crash. Even seemingly minor details like cell phone records proving a driver was texting can shift the balance of liability. 

 

The Insurance Companies’ Role in Determining Fault 

Once a crash is reported, insurance adjusters will immediately begin their investigation. While they may appear helpful, it’s important to remember that they work for the insurance company, not you. Their goal is to protect their employer’s financial interests by minimizing payouts or denying claims altogether. 

   

That’s why you should never speak to an insurance adjuster without your attorney present. Anything you say, no matter how casual or innocent, can be used to reduce or deny your compensation. Saying something like “I didn’t see them” or “I may have been going a little fast” can come back to haunt you. Instead, it is essential to refer all communication to your lawyer, who will know how to protect your rights and handle negotiations on your behalf. 

 

Why Determining Fault Matters 

Determining fault is not just a legal formality - it’s the foundation of any compensation claim. The at-fault party’s insurance company is responsible for covering medical expenses, lost wages, vehicle repairs, and in some cases, pain and suffering. Fault also influences whether you’ll need to pay out-of-pocket or whether your insurance premiums will increase.   

 

Common Types of Accidents and Whose Usually at Fault 

Certain types of crashes are more common in Temple and tend to follow predictable patterns of liability. Rear-end collisions, for example, often occur during stop-and-go traffic on I-35 or Loop 363. In most cases, the trailing driver is found at fault for following too closely or failing to brake in time. 

   

Left-turn accidents are another frequent occurrence, particularly at busy intersections like those along South 31st Street. The driver making the left turn is usually considered liable if they didn’t yield to oncoming traffic. T-bone collisions often happen when one driver runs a red light or stop sign, hitting another car crossing through the intersection. Fault in these cases hinges on traffic signal data and eyewitness accounts. 

   

Sideswipe accidents, common during lane merges on highways or in dense parking lots like those at Temple Mall, typically involve a driver who failed to check their blind spot before changing lanes. And in backing-up accidents, such as those in residential neighborhoods like Westfield or near Scott & White Medical Center’s parking areas, liability often falls on the person reversing. 

 

Make Sure You Have the Right Team on Your Side 

If you’ve been involved in a car accident in Temple, Texas, determining fault is one of the most important steps in recovering fair compensation. It requires a thorough investigation, strong evidence, and experienced legal advocacy. Don’t rely on the insurance company to look out for your best interests, and don’t accept blame for an accident that wasn’t your fault. 

   

Our team at Scanes Yelverton Talbert is deeply familiar with Texas negligence laws and knows how to build strong, evidence-backed cases that stand up to scrutiny. We act quickly to preserve critical evidence, consult with expert witnesses when needed, and fight aggressively against lowball settlement offers from insurers. When you choose SYT, you're choosing a firm that’s known for results-driven advocacy, personal attention, and a commitment to justice. 

   

You deserve an attorney who will treat your case like it matters, because it does. Initiate your free case review by filling out our online form today, and let us start fighting for the justice and compensation you deserve. 



“I would like to give a big thanks to the law firm myself and to Joel Shields who represented me on my case. All cases are different, yes indeed. But one thing for sure, they are dedicated to each one of them. I am forever grateful to them for their work and dedication. For that I’m back on my feet again!”

Dannj Herr

Client