What If There’s No Proof of Who Caused the Car Accident?
Many people assume that if there’s no video, witness, or clear evidence of who caused a car accident, their case is automatically lost. That is not true. Even in situations where fault is disputed, you may still have a valid claim if you work with an experienced personal injury attorney who knows how to gather evidence and build a strong case.
Understanding Texas Law: The 51% Standard
In Texas, the legal standard for civil cases—including car accidents—is called the preponderance of the evidence. This means you only need to show that it is more likely than not (51% or greater) that the other driver caused the crash. You do not need to prove fault “beyond a reasonable doubt” like in a criminal case.
Even without video footage or third-party witnesses, your attorney can help demonstrate liability using other forms of evidence. Sometimes your own credible testimony may be enough to convince a jury that the other driver was at fault.
How Attorneys Build a Case Without Clear Proof
When there is no immediate proof, skilled attorneys know how to investigate and gather evidence that can support your claim. This may include:
Locating and interviewing potential witnesses
Taking sworn depositions from involved parties
Reviewing vehicle damage and crash scene measurements
Collecting phone records, dispatch logs, or surveillance footage
Using accident reconstruction experts to demonstrate liability
Even if the situation seems like a “he said, she said,” a jury will ultimately decide what actually happened based on credibility, consistency, and available evidence.
Insurance Companies May Deny Your Claim
It is common for insurance companies to deny or delay payment when fault is disputed. However, their decision does not determine your legal rights. Just because an insurer refuses to accept liability does not mean you cannot pursue compensation.
An experienced attorney can challenge the insurance company, file a lawsuit if necessary, and present evidence to prove that the other driver was responsible. Even in cases with minimal direct proof, you can still recover damages if the facts and credibility support your claim.
Why You Need an Attorney Who Will Litigate
The most important factor in these cases is having a lawyer who is not afraid to take the claim to court. A skilled attorney will:
Investigate disputed claims thoroughly
Collect all available evidence to strengthen your case
Present your case effectively to the jury
Ensure you receive fair compensation for your injuries, medical bills, lost wages, and pain and suffering
Without an attorney willing to litigate, insurance companies often take advantage of uncertainty to minimize payouts.
