How Do Insurance Companies Decide if a Driver Was Negligent?

 Posted on July 30, 2025 in Car accidents

After a car crash, insurance companies are quick to get involved, but not always quick to accept fault. At the heart of every personal injury insurance claim is a question: was the other driver negligent?

Negligence is a legal term, but it plays a central role in how insurers decide whether they owe you money and, if so, how much. If you are pursuing compensation for injuries after a Texas car accident, it is important to understand how insurance companies define negligence and what evidence can help prove it. 

Our Austin, TX personal injury attorney, Jacob Alford, is intently involved in the community and believes in protecting clients and their families as if they were his own. If you are looking for an experienced Texas car crash attorney who is not afraid to fight lowball insurance offers, Attorney Alford is ready to represent you. 

What Does "Negligence" Mean in a Texas Car Accident?

Under Texas Civil Practice & Remedies Code § 33.001, a driver is considered negligent when they fail to use reasonable care and that failure causes injury or damage. Speeding, texting while driving, ignoring traffic signals, or even failing to check a blind spot can all be forms of negligence.

Texas follows a rule called modified comparative fault or comparative responsibility. That means you can recover damages even if you were partially at fault, but your compensation will be reduced by your share of the blame. If you are more than 50 percent responsible, you cannot recover anything at all.

Because of this rule, insurance companies have a financial incentive to claim that you were partly or mostly at fault, even when you were not. That is why having an experienced attorney on your side matters.

What Evidence Do Insurance Adjusters Look At?

Insurance companies do not rely on guesswork. Their goal is to minimize payouts, and they will investigate every claim down to the smallest detail. A police report is often the first thing the insurance company reviews. If the officer cited the other driver for a traffic violation or noted that the driver was distracted, intoxicated, or reckless, that can support your claim that they acted with negligence.

Beyond the police report, photos and videos from the crash scene — including damage to the vehicles, skid marks, road signs, or traffic light footage — can help show how the crash happened and who likely caused it. Witness statements also matter. Independent third parties can provide useful, unbiased observations that support or contradict each driver’s version of events. Your medical records may also be used to link your injuries to the crash and to show the force or nature of the impact.

Insurance adjusters may also consider traffic laws, weather and road conditions, and vehicle data such as speed at the time of collision. If necessary, they may hire accident reconstruction experts to build a timeline of the crash.

Can a Driver Be Negligent Without Breaking the Law?

A driver does not need to be ticketed or arrested to be considered negligent. Even legal behavior can be negligent under the circumstances. For example, driving at the speed limit may still be considered negligent if the roads were slick from rain or fog and the driver failed to slow down.

Likewise, failing to yield the right of way, not signaling, or tailgating can all be signs of negligence, even if no citation was issued. These are the types of issues insurance adjusters look at, as well as the types of claims a skilled personal injury lawyer will challenge if they are used unfairly to deny your compensation.

What If the Insurance Company Says You Were at Fault?

It is not unusual for a crash victim to receive a letter or call from the insurance company saying they will not cover your injuries because you were "more than 50 percent responsible." That does not make it true.

Insurers are businesses, not unbiased judges. They often make early fault determinations before reviewing all the facts. If this happens to you, do not give up. An attorney can step in, investigate the crash on your behalf, and present a counter-narrative.

In Bexar County and Travis County courts, juries regularly hear injury cases where both parties claim the other was at fault. It is the quality of the evidence and the strength of the legal argument that often decides the outcome, not the insurance company’s opinion.

Contact an Austin, TX Personal Injury Attorney

If you were injured in a car accident and the insurance company is dragging its feet or blaming you for the crash, do not try to fight them alone. Call 210-951-9467 to contact a skilled Bexar County, TX personal injury lawyer at Alford Law PLLC today. We offer free consultations and work on contingency, meaning you do not pay us unless we win compensation for you.