When you’re involved in a car accident in Texas, one of the most frustrating scenarios is the “he-said, she-said” dispute—where each driver tells a different story about what happened. This common problem can significantly complicate your personal injury claim and delay your compensation. At Ryan Orsatti Law, we understand the challenges of disputed liability cases and have developed effective strategies to help our clients overcome insurance company resistance.
Understanding Disputed Liability in Texas
Texas follows a “modified comparative fault” system with a 51% bar rule. This means you can recover damages as long as you’re found to be 50% or less at fault for the accident. However, your compensation will be reduced by your percentage of fault, and if you’re determined to be 51% or more responsible, you cannot recover damages at all.
This system creates a strong incentive for insurance companies to push blame onto you. When your version of events directly contradicts the other driver’s account, the insurance adjuster may seize this opportunity to deny your claim or offer a minimal settlement.
Why “He-Said, She-Said” Disputes Occur
These disputes typically arise in accidents where:
- There were no independent witnesses
- No traffic cameras captured the incident
- The accident occurred at an uncontrolled intersection
- Lane change or merging collisions took place
- Rear-end collisions at stopped traffic or red lights occurred with disputes about sudden stopping
Insurance adjusters are trained to identify these scenarios and use them as leverage to minimize payouts. They know that without clear, objective evidence, many claimants will accept lowball offers rather than fight through a lengthy dispute process.
Effective Strategies to Overcome Disputed Liability
1. Secure the Police Report
The responding officer’s assessment carries significant weight. While not the final word on liability, a favorable police report provides a strong foundation for your claim. In Texas, you can request your accident report through the Texas Department of Transportation’s Crash Report Online Purchase System.
Always ensure the officer documents your version of events at the scene. If the report contains errors, you can request amendments through the department that created it, though this must be done promptly.
2. Gather and Preserve Physical Evidence
Physical evidence doesn’t lie and can break the deadlock in a “he-said, she-said” situation:
- Vehicle damage location and severity: The position and extent of damage often tell a clear story about how the collision occurred. Take extensive photos from multiple angles immediately after the accident.
- Skid marks and road conditions: These can indicate braking points, speed, and evasive actions. Document these quickly as they may disappear.
- Debris patterns: Where vehicle debris landed can help reconstruct the collision sequence.
- Weather and visibility conditions: Document lighting, weather, and any obstructions that might have contributed to the accident.
An experienced attorney can arrange for an accident reconstruction expert to analyze this evidence and create a scientifically-backed explanation of how the collision occurred.
3. Leverage Electronic Evidence
Modern vehicles and our digital world create valuable evidence sources:
- Dashcam footage: This can provide irrefutable evidence of what happened. If you don’t have one, check if nearby vehicles might have captured the incident.
- Event Data Recorders (EDRs): Many newer vehicles have these “black boxes” that record speed, braking, steering inputs, and other data immediately before a crash. This information can be legally obtained through proper procedures.
- Traffic cameras and surveillance footage: Check for nearby businesses, homes, or public cameras that might have captured the accident. Act quickly, as this footage is often deleted after a short period.
- Cell phone data: Records of calls, texts, or app usage may prove the other driver was distracted. This typically requires a subpoena, which your attorney can help obtain if litigation begins.
4. Find and Secure Witness Testimony
Independent witnesses can break the stalemate in disputed liability cases:
- Collect contact information from all witnesses at the scene
- Canvass the area for additional witnesses who might not have stopped
- Obtain statements quickly before memories fade
- Consider deposing witnesses in more serious cases to preserve their testimony
Even if a witness only saw part of the accident or its immediate aftermath, their observations can provide valuable context that supports your version of events.
5. Use Expert Witnesses Effectively
Expert witnesses bring specialized knowledge that can clarify complex accidents:
- Accident reconstruction specialists use physics, engineering principles, and available evidence to create scientifically sound explanations of how the accident occurred
- Medical experts can link your injuries to the specific mechanics of the collision, supporting your version of events
- Human factors experts can testify about reaction times, visibility issues, and other factors that influenced the accident
Texas courts generally follow the Daubert standard for expert testimony, requiring that experts use reliable methods and apply them appropriately to the facts of your case.
6. Document the Other Driver’s Statements and Behavior
Sometimes, the other driver makes admissions or exhibits behavior that undermines their later denial of responsibility:
- Record any apologetic statements made at the scene
- Note if they admitted to being distracted, tired, or in a hurry
- Document if they were visibly impaired, upset, or agitated
- Preserve any communications where they acknowledge fault
Texas is a one-party consent state for recording conversations, meaning you can legally record a conversation you’re part of without informing the other party. However, doing so openly and honestly is generally the better approach.
7. Use Social Media Investigation Responsibly
The other driver’s social media can sometimes contain valuable evidence:
- Posts about the accident that contradict their official statement
- Photos showing them engaged in activities inconsistent with their claimed injuries
- Location check-ins that contradict their timeline of events
While this investigation must be conducted ethically and legally (accessing only public information), it can uncover crucial inconsistencies.
8. Understand and Leverage Insurance Coverage Issues
Texas insurance requirements and how they apply can impact disputed liability cases:
- Minimum liability coverage: Texas requires 30/60/25 coverage ($30,000 per injured person, $60,000 per accident, $25,000 property damage), but many drivers carry only these minimums
- Uninsured/underinsured motorist coverage: This can provide compensation when the at-fault driver has inadequate insurance
- Personal injury protection (PIP): This covers medical expenses regardless of fault unless you explicitly rejected this coverage
Your attorney can help identify all potential insurance sources and strategically approach each to maximize your recovery.
The Litigation Advantage in Disputed Liability Cases
When insurance companies refuse to accept liability despite compelling evidence, filing a lawsuit often changes the dynamic:
- The discovery process gives you legal tools to obtain evidence that was previously inaccessible
- Deposition testimony under oath makes it harder for the other driver to maintain inconsistent statements
- The prospect of facing a jury often motivates insurance companies to reassess their position
Texas has a two-year statute of limitations for personal injury claims, giving you limited time to file a lawsuit, so consulting with an attorney early is crucial to preserve this option.
How Ryan Orsatti Law Approaches Disputed Liability Cases
Our firm has developed a systematic approach to these challenging cases:
- Immediate investigation: We deploy quickly to preserve perishable evidence and secure witness statements before memories fade
- Comprehensive evidence gathering: We leave no stone unturned, using both traditional and cutting-edge methods to build your case
- Strategic negotiation: We present evidence strategically to insurance adjusters, addressing their specific concerns about liability
- Litigation preparation: Even while negotiating, we prepare your case as if it will go to trial, strengthening our negotiating position
- Trial experience: Our courtroom experience allows us to confidently take your case before a jury if the insurance company refuses to offer fair compensation
Taking Action After a Disputed Liability Accident
If you find yourself in a “he-said, she-said” situation after an accident:
- Report the accident to the police and ensure your version is documented
- Seek medical attention immediately, even for seemingly minor injuries
- Document everything – take photos, collect witness information, and keep records of all accident-related expenses
- Avoid recorded statements to the other driver’s insurance company before consulting an attorney
- Contact an experienced personal injury attorney as soon as possible to begin building your case
The sooner you involve a knowledgeable attorney, the better your chances of overcoming disputed liability and securing fair compensation for your injuries and losses.
Conclusion
“He-said, she-said” liability disputes may be common in Texas car accidents, but they don’t have to prevent you from obtaining the compensation you deserve. With thorough investigation, strategic evidence gathering, and experienced legal representation, these obstacles can be overcome.
If you’re facing an insurance company that’s disputing liability after your accident, contact Ryan Orsatti Law for a free consultation. Our experienced Texas personal injury attorneys understand how to break through liability disputes and will fight tirelessly to protect your rights and secure the compensation you deserve.
This blog post is for informational purposes only and does not constitute legal advice. Every case is unique, and outcomes will vary based on the specific facts and circumstances involved. Consult with a qualified attorney for advice regarding your particular situation.
