Driver error. In NHTSA's national crash causation study, the critical reason for the crash was assigned to the driver in an estimated 94 percent of crashes, most often recognition errors like distraction and inattention, followed by decision errors like speeding or misjudging a gap.
The best-known figure comes from the National Highway Traffic Safety Administration's National Motor Vehicle Crash Causation Survey. In its 2015 summary, NHTSA reported that the critical reason, the last event in the chain leading to the crash, was assigned to the driver in an estimated 94 percent of crashes, to the vehicle in about 2 percent, and to the environment, such as slick roads or weather, in about 2 percent.
NHTSA broke the driver errors down. Recognition errors, including inattention, distraction, and inadequate surveillance, were assigned in about 41 percent of crashes. Decision errors, like driving too fast for conditions, illegal maneuvers, and misjudging another vehicle's speed or a gap, were about 33 percent. Performance errors, such as overcompensation or poor directional control, were about 11 percent, and non-performance errors, mostly falling asleep, about 7 percent.
NHTSA was careful about what the number means: assigning the critical reason to a driver was not intended to blame that driver for causing the crash. In a Texas injury claim, fault is a legal question decided by the evidence, and under Chapter 33 of the Civil Practice and Remedies Code it can be divided among several drivers or companies.
The categories still match what Texas injury cases are built on: phone use and texting while driving, following too closely, failing to yield on a left turn, speeding, unsafe lane changes, and fatigue in commercial trucking. Each points to evidence worth getting early, such as phone records, vehicle data, video, and hours-of-service logs.
If another driver's error caused your crash, Owsley Law Firm can investigate what happened and pursue the claim, with no fee unless it wins.
What to do, step by step
- Note what the other driver was doing just before the crash.
- Ask witnesses what they saw, especially about phone use or speed.
- Look for nearby cameras on businesses, homes, and intersections.
- Get the crash report and check the contributing factors listed.
The officer's crash report lists contributing factors, such as failure to control speed, driver inattention, or failure to yield. Those entries are not the final word on fault, but they often frame the insurer's first view of the claim.
Electronic evidence increasingly decides cause: phone records for distraction, event data recorders for speed and braking, and in truck cases, electronic logging devices for fatigue.
Mistakes that cost people money
- Assuming the crash report's contributing factors cannot be corrected.
- Waiting until video from nearby cameras is overwritten.
- Overlooking a vehicle defect or road hazard as a contributing cause.
Related questions
Is distracted driving the top cause?
Recognition errors, which include distraction and inattention, were the most common category in NHTSA's crash causation study.
Can more than one driver be at fault?
Yes. Texas juries can divide fault among several drivers and companies.
Do road conditions cause many crashes?
NHTSA assigned the critical reason to the environment, such as weather or slick roads, in about 2 percent of crashes studied.
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