A Comprehensive Guide Understanding Fault in Car Accidents in Texas
If you or your loved ones have been in a Texas car accident, you’ll understand firsthand how stressful that experience can be.
In the aftermath of the accident, the last thing you might be thinking about is figuring out how to determine fault. However, after you ensure your safety, this is one of the most crucial aspects of your case.
Along with the help of a skilled car accident lawyer, this guide will help you figure out how fault is determined in your car accident claim.
How is Fault Determined in a Car Accident in Texas?
Determining fault in Texas car accidents goes so much further than pointing fingers. It is a nuanced science that requires research, a thorough understanding of Texas traffic laws, and a detailed examination of the available evidence.
Texas traffic law, in particular, determines fault through a systematic evaluation of all of the involved drivers’ actions and responsibilities.
When a car accident attorney handles a Texas car accident case, they must prove the other driver failed to meet their legal obligations on the road to secure compensation for their client.
The Five Major Elements for Proving Fault in a Car Accident Claim
To ensure success for your personal injury settlement, your car accident lawyer must establish the following five points:
- They must show the other driver owed you the responsibility that all drivers have to operate their vehicles safely and follow Texas traffic laws.
- They must demonstrate how the other driver breached this duty (distracted driving, speeding, other negligent actions, etc.)
- Then, your car accident attorney will connect the at-fault driver’s actions directly to your injuries.
- They must also show that your injuries would NOT have occurred if it wasn’t for the at-fault driver’s negligence.
- Finally, your personal injury lawyer must thoroughly document your total damages – from medical bills to lost wages and more.
What Does Texas Comparative Fault Mean for Your Personal Injury Settlement?
Perhaps the most critical aspect of Texas car accident law is the concept of comparative fault.
The Lonestar State follows something called a “modified comparative fault” system with a 51% bar rule. What does this mean for you?
In many cases, more than one party may be determined to be at fault. According to the comparative negligence laws, you can still recover some of the damages even if you were partially responsible for your Texas car accident, as long as you aren’t determined to be more than 50% at fault.
Here’s how the numbers look in a real-world scenario. If you’re in a Texas car accident with another driver, and you’re both considered to be at fault, it is considered comparative negligence. The other driver is marked as 60% at fault, and your responsibility comes in at 40%. If the damages are $100,000, the other driver is responsible for covering $60,000, while your share is $40,000.
Protecting Your Rights to Compensation After a Texas Car Accident
The first few moments immediately following a car accident are the most stressful but also the most critical.
First things first, you should start by ensuring everyone’s safety, including your own. Call the police and document as much evidence as possible from the accident scene. Take detailed photos, gather witness statements and contact information, and seek medical attention (even if you feel okay at the moment because injuries can surface later). Hire a dedicated personal injury lawyer to represent your best interests in the case.
Even if you think you may have contributed to the crash, make sure you never admit fault at the scene because you can be held liable for 100% of the responsibility. Determining fault in Texas car accidents is a highly complex process that requires careful and nuanced investigation of a multitude of contributing factors. Let the evidence tell the story while you focus on your health and safety.
The Role of Insurance Companies in Deciding Fault in Car Accidents in Texas
Insurance company workers are specifically trained to minimize payouts by disputing fault or rushing lowball offers for personal injury settlements.
The insurance adjuster will do everything in their power to assign fault in a way that minimizes their required payout. They will review skid marks on the road, measure the length of the marks, review road conditions, and estimate other details of the accidents – driving speed, area of impact, location of vehicle damages, etc.
In most cases, state law factors into the insurance company’s determination of who is at fault. They’ll review the facts to assign blame to the most negligent party or whoever is in greatest violation of the state’s laws.
This is where having a dedicated personal injury lawyer on your side becomes invaluable. They will handle all communications with your insurance company to ensure your rights are fully protected and you don’t accept anything less than what your personal injury settlement case is worth.
Get the Settlement You Deserve with Help from a Personal Injury Lawyer at Angel Reyes & Associates
Before you start Googling “traffic accident lawyers near me,” consider partnering with a car accident lawyer at Angel Reyes & Associates.
With over 30 years of experience Texas car accident cases and a 98% success rate, our incredible team of personal injury lawyers will hold your hand every step of the way. We will work tirelessly to ensure you receive maximum compensation for the emotional and physical toll this accident has taken on you. Don’t wait, don’t hesitate.
The compassionate team of attorneys at Angel Reyes & Associates takes a people-first approach, fighting for our valued clients as they face the challenges of complex personal injury settlement issues head-on. Allow us to guide your way by removing the stress from the equation as we handle all communication and negotiation with your insurance company on your behalf.
Contact us today for a free consultation, or stop by one of our offices in Dallas, Fort-Worth, Houston or Austin so we can discuss your case face-to-face. You’re in good hands with Angel Reyes & Associates.
No matter who is at fault, you are not alone.
