Who Is at Fault for a Houston Sideswipe Accident? | Liability in Texas Car Crashes

When involved in a Houston sideswipe accident, many people may wonder, “Who is at fault in a Houston sideswipe accident?” While a sideswipe might not seem as serious as a head-on crash or rear-end collision, it can lead to serious injuries, major vehicle damage, and complex legal battles, especially in heavy Houston traffic.

Determining who is at fault depends on the circumstances, but Texas law offers clear guidelines to help assign liability.

Understanding Texas Sideswipe Accidents and Fault in Texas

Sideswipe accidents typically happen when two vehicles are traveling in the same direction, and one swerves into the other’s lane. These collisions often occur during lane changes, on multi-lane highways like I-10 or I-45, or in dense city corridors such as Westheimer Road or the 610 Loop.

In Texas, fault is determined based on negligence. This includes side-swiping incidents. This means that the party that acted carelessly or did not obey traffic laws will generally be held responsible for the accident.

Some negligent behaviors include:

• Failing to check your blind spots
• Distracted driving, such as texting or eating
• Drifting out of the lane due to impaired driving
• Reckless driving and lane changes

For example, if a driver veers into your lane without signaling and causes a collision, they are likely to be found negligent under Texas law. However, shared fault is also common. Texas follows a modified comparative fault rule. This means it’s possible to recover damages if you’re less than 51% at fault, but your compensation will be reduced by your percentage of responsibility.

Common Causes of Sideswipe Collisions in Houston

In 2023, there were 15,227 crashes in Texas that resulted in serious injuries. 18,765 suffered a serious injury. 403 individuals were killed due to distracted driving. While specific sideswipe numbers are scarce, some of these accidents were likely caused by sideswiping.

Unfortunately, due to Houston’s high-traffic congestion and high-speed freeways, sideswipe collisions are a major risk. Some of the most common causes include:

• Aggressive merging, especially during rush hour and on busy highways
• Distracted driving
• Commercial truck drivers
• Low visibility, especially at night or during inclement weather

Evidence Used to Determine Fault

Determining fault in a Houston sideswipe accident often comes down to the strength of the evidence. One of the most critical pieces is the police report, typically filed by the Houston Police Department or local law enforcement, which can include initial fault assessments and witness statements.

Dashcam footage has also become a powerful tool in recent years, offering real-time proof of how the collision occurred. Photographs of the scene, including the position of the vehicles and visible damage, help reconstruct what happened and support claims of lane intrusion or failure to signal.

Eyewitness accounts from other drivers or pedestrians nearby can provide third-party insight, especially when both drivers give conflicting stories. In more complex cases, attorneys might bring in accident reconstruction professionals to analyze the vehicles’ angles, skid marks, and debris patterns.

All of this evidence plays a crucial role in proving negligence and securing fair compensation under Texas’s fault-based insurance system.

Hiring a Car Accident Lawyer

If you’ve been involved in a sideswipe accident and need legal guidance, it’s crucial to hire a car accident lawyer in Houston who understands both the local traffic patterns and the court system. Houston is unique in that it blends sprawling suburbs with high-density city roads and unpredictable weather.

An attorney familiar with local intersections, such as Westpark Tollway and FM 1960, or courthouse procedures in Harris County or Fort Bend County can build a stronger, more tailored case.

About Stevenson & Murray

Located in Houston’s Greenway Plaza, Stevenson & Murray is a premier law firm focusing on serious car wreck cases, personal injury litigation, and wrongful death. Led by John W. Stevenson Jr., who has over 20 years of trial experience, and Mark T. Murray, a Board Certified professional in Personal Injury Trial Law, the firm combines local knowledge with a national reputation.

Whether you’re facing a large insurer or dealing with a complex multi-party collision, Stevenson & Murray offers personalized attention, aggressive representation, and proven results for Houston car accident victims.

FAQs

Who Is Usually at Fault in a Sideswipe Accident?

Typically, the driver who made an unsafe lane change or failed to stay in their lane is found at fault in a sideswipe accident. In Houston, this could mean someone cutting across lanes on a busy highway or drifting during heavy traffic. However, each case depends on the specific circumstances, including speed, road conditions, and whether either driver was distracted or impaired.

Can Both Drivers Be at Fault in a Sideswipe Accident?

Yes, both drivers can be at fault in a sideswipe accident. Texas follows a comparative fault rule, meaning each party’s responsibility is considered. If you’re found to be less than 51% at fault, it’s possible that you could still recover compensation, but it will be reduced by your percentage of blame. If you are more than 50% at fault, you will likely not be able to recover any damages.

What Should I Do After a Sideswipe Accident in Houston?

After a sideswipe accident in Houston, the first thing you should do is call law enforcement to report the collision and wait for emergency medical services, especially if you or someone else is obviously and seriously injured. If safe, move your vehicle out of the way of traffic to avoid additional accidents. Exchange information with the other driver, including their name, contact information, vehicle details, and insurance information.

What Happens if the Other Driver Fled the Scene?

If the other driver fled the scene, this is considered a hit-and-run sideswipe. Report the accident to law enforcement right away. Additionally, be sure to file a claim with your insurance company. The accident may have been caught on surveillance cameras, many of which have license plate readers. This can help identify the driver.

Contact Stevenson & Murray Today

Sideswipe accidents may look minor from the outside, but they often involve serious injuries and complicated fault determinations. Determining fault depends on a careful investigation, strong evidence, and a thorough understanding of Texas negligence laws.

If you were injured in a sideswipe accident, Stevenson & Murray can assist you in navigating insurers and the legal process. Contact us today for a consultation. You need an experienced Houston car accident attorney who can help you understand the car crash penalties you could face.