- Content Reviewed by:
- Judson A. Waltman
- Page Last Updated:
- September 25, 2025
The Role of Local Law Enforcement
The local law enforcement agency will make a determination about who is at fault based on their observations. They evaluate evidence such as tread marks, statements by witnesses or the involved parties, road conditions, vehicle damage, and other details at the scene. This evidence will help them determine how fast the vehicles were traveling, how the accident occurred, and other details.
The following factors help law enforcement establish fault:
- Speeding
- Other moving violations, such as running a red light or stop sign
- Distractions inside the vehicle
- Driver impairment, such as intoxication or drowsiness
Mechanical vehicle issues
After law enforcement completes a report, they may issue a citation to the party they believe is at fault.
Law enforcement’s assignment of fault is often used as justification to file a claim with that driver’s insurance company. The insurance company will view the police report and stipulate that it is correct or conduct its own investigation and refute the police report.
How Does Texas Law Account for Fault in Truck Accident Cases?
Attorney Judson A. Waltman discusses how fault is determined in a truck vehicle accident case in Texas and gives insights on comparative negligence, including what being partially at fault means for compensation recovery.
Do Experienced Truck Accident Lawyers Play a Role in Determining Fault?
The truck accident lawyers at the Lanier Law Firm conduct their own forensic investigations on behalf of our clients. We have a large network of experts and consultants who specialize in forensic truck accident analysis.
Our investigations are much more in-depth than law enforcement’s investigations, and we look for all contributing factors in the accident. This provides us with a thorough understanding of what occurred and why it occurred. Our findings are always based on expert analysis and evidence that could refute the initial police report and stand up in court, if necessary.
