McAllen’s location along the U.S.-Mexico border means there is heavy cross-border traffic, commercial vehicles, and congested intersections throughout the city. Accidents happen often, and when they do, the first legal question is always the same: who was at fault? The answer determines who pays. It also determines how much. Fault is not always obvious, and it is rarely decided by a single piece of evidence.
A McAllen auto accident lawyer can help injured individuals work through the fault determination process and challenge assessments that are inaccurate or inflated. Getting that fault percentage right has a direct impact on the value of the claim.
Fault is established through evidence. Police reports, witness statements, traffic camera footage, photographs from the scene, and vehicle damage patterns all contribute. Each one tells part of the story. No single source is treated as the final word.
The police report carries weight, but it is not binding. Officers document what they observe and what witnesses tell them at the scene. They may assign a preliminary fault assessment. Insurance adjusters and courts can reach a different conclusion based on additional evidence that was not available at the time of the report.
Running a red light, failing to yield, making an illegal turn, following too closely, or speeding are all violations that can establish negligence.
But a violation does not automatically settle the question. The other driver may have also been violating a traffic law. Both drivers may share some degree of responsibility. When that happens, the fault analysis becomes a comparison rather than a straightforward assignment.
Most states use a comparative fault system. Under these rules, each party is assigned a percentage of fault based on their contribution to the accident. A driver found to be 30 percent at fault can still recover compensation, but the payout is reduced by that percentage.
There is usually a cutoff. In many states, a driver who is 51 percent or more at fault cannot recover anything. That threshold makes the fault percentage one of the most contested elements in any auto accident case. A few percentage points in either direction can be the difference between a reduced payout and no payout at all.
The adjuster reviews the evidence, talks to the parties involved, and makes a fault determination. The adjuster works for the insurance company, and the company pays less when the injured person carries more fault.
Adjusters know how comparative fault rules work. If there is any basis for assigning partial fault to the injured driver, they will use it. A driver who was two miles over the speed limit at the time of impact may be assigned a fault percentage even if the other driver ran a stop sign. That assignment is a negotiating position. It can be challenged.
Scene documentation is the strongest tool against an inflated fault assignment. Photographs, dashcam footage, and witness contact information collected immediately after the accident create a record that is hard to dispute later.
Medical records also play a role. Prompt treatment connects the injury to the accident, which makes it more difficult for the insurer to argue the injured driver’s actions, rather than the collision itself, caused the harm. Phone records can disprove distracted driving allegations. Vehicle maintenance records can counter claims of mechanical negligence on the injured driver’s side.
Some cases involve genuine disagreement about what happened. Both drivers may tell conflicting stories. Physical evidence may be ambiguous. Witnesses may not agree. In these situations, accident reconstruction experts can analyze vehicle damage, skid marks, and road conditions to build a picture of how the collision occurred.
If the dispute cannot be resolved during the insurance process, it moves to litigation. At trial, the jury assigns fault percentages based on everything both sides present.
Fault is not a yes-or-no question. It is a percentage that controls how much compensation the injured person can recover. Accepting an insurer’s fault assessment without questioning it can cost thousands of dollars. Injured individuals who document the scene, preserve evidence, and challenge inflated fault assignments put themselves in a stronger position to recover what their case is actually worth.
