How Do I Figure out Who is at Fault in an Accident if I Don’t Remember?

January 30, 2019 | By DJC Law Attorneys
How Do I Figure out Who is at Fault in an Accident if I Don’t Remember?

Texas is a fault state, meaning that a motorist who causes an accident must pay out compensation. Typically, victims will submit a claim to the at-fault driver’s insurer, who will pay to cover damage to the vehicle, medical expenses, and lost wages.

But what happens if you were knocked unconscious or can’t otherwise remember the details of the car crash? Fortunately, your testimony is not vital for establishing fault (though it is obviously helpful if you could remember details). Instead, you can establish fault using other methods, such as the following.

Surveillance Video

Many businesses have cameras pointed toward parking lots and the streets that cross in front of the store. If the accident occurred in this area, then you should check with the businesses to see if their surveillance video captured the accident. You can then use the video to prove another driver was at fault.


In some countries, insurers strongly encourage drivers to have dashcams installed. These cameras, installed on the dashboard, can help show what happened in front of the vehicle in the moments before a collision. Obviously, dashcams have limitations, since they cannot show what happened behind you. But if someone T-boned your car in an intersection, then the camera will at least show that you were not running a red light before the accident.

Recently, ABC 13 did a news segment on dashcams, which drivers believe can provide peace of mind. If you want to install a cam in your own vehicle, then you should expect to spend around $80-150. There are many different models, so you should search around.

Eyewitness Testimony

Someone might have seen the accident and could testify as to how it unfolded. This witness could be a bystander standing on the sidewalk or it could be a passenger in either your vehicle or another vehicle. Any witness can talk to the insurance companies and convince them of which driver is at fault for the crash.

It’s important after a crash to get the names of any witnesses. Also get their phone number or email address so that you can get in touch with them later.

Physical Damage

Sometimes the damage on a vehicle will yield important clues about how the accident occurred and who is at fault. For example, if someone smashed into your rear fender, then chances are they are responsible for rear-ending you. Even if you stopped suddenly, trailing vehicles are supposed to give themselves enough of a cushion so they don’t slam into your trunk when you hit the brakes.

Experienced Car Accident Lawyer in Austin

Car accident victims are entitled to compensation for all economic and non-economic losses. Don’t let the at-fault driver avoid responsibility simply because you don’t know exactly what happened.

At DJC Law, we are skilled at gathering evidence and explaining to insurers why our clients are not at fault for their accidents. Reach out to us today. We offer a free, no-risk consultation, which you can schedule by calling 512-888-9999.