Proving the Other Driver's Fault in a Texas Sideswipe

Attorney Answer

In a Texas sideswipe there is no rule that automatically blames one driver, so what you have to show is that the other driver failed to use ordinary care and that the failure caused your damage. The good news is that the proof is usually physical and it is usually still available, if you go get it.

Start with the rules of the road that apply. Tex. Transp. Code § 545.351(a) provides that "An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing," and § 545.351(b)(2) requires a driver to control speed as necessary to avoid colliding with another vehicle that is on or entering the highway in compliance with law. Texas also has provisions requiring a driver to keep a vehicle within a single marked lane and to leave that lane only when the movement can be made safely. Those duties are set by specific sections, so ask a lawyer to match the provision to your facts.

Then Texas divides responsibility rather than picking a winner. Under Tex. Civ. Prac. & Rem. Code § 33.003 the trier of fact assigns each party a whole-number percentage of responsibility. Section 33.001 provides that "In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent." At 50 percent or less, § 33.012(a) reduces your damages by your own percentage, and § 33.013(a) makes each defendant liable only for its own share.

That framework tells you what evidence actually matters. Damage to your front driver side is a fact worth developing: on a sideswipe, the height of the contact, the direction the scrape runs, and the paint transfer usually show which vehicle moved into which, and which was ahead. Add the officer's crash report, any independent witness, and any video, and the percentage argument tends to settle itself. Without those, the case becomes your word against theirs, and adjusters price that accordingly.

What you can do

1. Photograph your vehicle and, if you can, the other vehicle — close up on the damaged panels and from far enough back to show the position on the car. Do this before repairs if any part of the damage is still visible.

2. Request the officer's crash report from the agency that investigated, and read how the officer described the lanes and the point of impact.

3. Ask your repair shop for the written estimate and any photographs it took when the vehicle came in.

4. Ask nearby businesses and any toll or traffic camera operator, in writing, for footage from that date, and save any dashcam file you have. Footage this old may already be gone, so ask now.

5. Collect the names and phone numbers of any witnesses, and report the crash to your own insurer if you have not.

6. Ask a Texas lawyer which lane-use provision fits your facts, and ask before you give the other driver's insurer a recorded statement or accept the adjuster's fault split. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. Tex. Civ. Prac. & Rem. Code § 16.003(a) sets two years from the day the cause of action accrues for personal injury and for injury to property. Your message gives a crash date, and whether the period has begun to run and how your facts affect it is exactly the question a Texas attorney should answer from your file. Do not calculate that date yourself, and do not let it pass while you wait on an adjuster.