In many Spanish-speaking communities, there is a common phrase people repeat after a crash: “el que pega paga” – literally, “he that hits, pays.” The idea is simple: the person whose vehicle strikes another must automatically be responsible.

It sounds intuitive, but it is not how the law works.

Motor vehicle crashes happen because of unsafe behavior, not just contact between vehicles. Often, the vehicle that gets hit is the one that created the dangerous situation in the first place. In Texas and across the United States, fault is not determined by who made contact first (though it does play a large part). Liability is based on negligence, traffic violations, and the specific facts that caused the collision. In many cases, the driver who appears to have “hit” the other vehicle is not the one who actually caused the crash.

This misunderstanding often leads accident victims to wrongly accept blame and lose compensation they may legally deserve and need.

How Fault Is Actually Determined

Police officers, insurance companies, and courts look at:

  • Who violated traffic laws
  • Who acted carelessly or recklessly
  • What actions directly caused the crash
  • What evidence supports each driver’s version of events

The physical point of impact is only one piece of the puzzle. Take the following examples:

  • Break checking – slamming on one’s breaks to punish another driver is a classic example of when the colliding vehicle may not be at fault, especially as a result of road rage.
  • Sudden lane changes – if one driver swerves unexpectedly and cuts off another with no time for the latter to react, the first driver might be responsible, especially if they did not use their turn signal.
  • Striking a vehicle after it made an illegal move – if a vehicle runs a red light or stop sign, they could be at fault, even if you hit them. The question in these cases comes down to whether or not you had time to react.

Texas uses a modified comparative fault system, which means:

  • More than one driver can share responsibility
  • Each driver receives a percentage of fault
  • Your compensation is reduced by your share of responsibility
  • You generally cannot recover damages if you are more than 50% at fault

Because of this, assuming fault based only on who “hit” whom can be legally and financially incorrect. If you strike another vehicle as a result of their poor driving, you may not recover 100% of a claim – but receiving some help with your claim is better than none!

Situations Where the Other Driver May Be at Least Partially Responsible

  • Running a Stop Sign or Red Light
  • Unsafe Left Turns
  • Sudden or Reckless Lane Changes
  • Road Rage or Brake-Checking
  • Stopping Illegally in Active Traffic
  • Driving Without Proper Equipment
  • Reversing or Backing Up Unexpectedly
  • Multi-Vehicle or Chain-Reaction Crashes

 

Evidence Matters More Than Assumptions

Insurance companies may initially rely on simple assumptions. The best defense any driver can have in these kinds of cases is a dashcam. POV footage of another driver backing into you, blasting through a stop sign, or cutting you off is usually a show-stopper for these kinds of cases.

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Other documentation can include:

  • Intersection cameras
  • Photos of vehicle positions and damage
  • Witness statements
  • Police reports
  • Vehicle data recorders (“black boxes”)

The more evidence you have, the easier it is to show what actually caused the crash.

Why This Myth Can Harm Accident Victims

Believing you are automatically at fault can lead to serious mistakes like:

  • Admitting blame at the scene
  • Not gathering evidence
  • Failing to seek medical care
  • Accepting a low settlement
  • Never speaking with an attorney because you assume you caused the accident.

Many valid injury claims are lost simply because someone assumed, “I hit them, so it must be my fault.”

Contact a Houston Car Accident Attorney Today

“He who hits, pays” is a popular saying – not a legal rule.

Serious car accidents are caused by negligence and traffic violations, not just physical contact. Drivers who run stop signs, ignore red lights, cut people off, make unsafe turns, or act recklessly are usually the ones truly at fault – even if their vehicle was the one that got hit.

If you are involved in a crash, do not assume fault based on appearances. Document the scene, seek medical care, and evaluate the facts before accepting blame or settling with an insurer. For more information on what not to say to an adjuster, read our article here.

The Law Offices of Hilda Sibrian are ready to provide top-rated legal support to any Houston driver with serious injuries. Our firm works hard to determine the details of an accident, even in the absence of a police report. Attorney Hilda Sibrian has served the Houston workforce for over 20 years. Hilda Sibrian serves the Houston metropolitan area, including Sugar Land, Missouri City, La Porte, Beaumont, Pasadena, The Woodlands, The Heights, Bellaire, Kingwood, Baytown and of course Houston proper. Call our office today or fill out our online contact form for a free consultation.