A serious car accident can be one of the most frightening and debilitating events – not only leading to financial stress but upending your life. If you get injured in a car accident in Texas, you need to determine fault to understand your legal rights and seek financial compensation for the damages you have incurred. To do this successfully, you may need assistance from a knowledgeable Austin personal injury lawyer.
What Is Liability in a Car Accident Case?
Liability refers to someone absorbing legal responsibility for the auto accident. If someone is held liable for a car accident in Texas, this individual is responsible for compensating the injured party for losses or harm suffered. This may include their medical costs and property damage repairs.
All drivers in Texas are required to maintain proof of financial responsibility, typically in the form of automobile insurance. Motorists are required to carry at least the minimum amounts of liability insurance to ensure that they have the means to pay for collisions they cause.
Who Is Responsible for an Automobile Accident in Texas?
Determining who is liable for your car accident takes understanding the state’s car insurance laws. Texas is an at-fault state, meaning the driver or party who is found to be at fault must pay. In a no-fault state, on the other hand, injured victims will file claims with their own car insurance companies, regardless of who is at fault.
A fault-based car insurance law generally gives victims the ability to recover greater financial compensation for their losses than first-party claims. Damages may be recovered for physical pain and emotional suffering, for example. However, the drawback is that in a fault state, the victim is required to prove fault.
If you file a claim against someone for causing your car accident in Texas, you are given the burden of proof. This means you or your attorney must prove that the accused individual caused your crash. You must establish this using evidence demonstrating that the person is more likely to be at fault than not.
How Is Fault Determined?
Assigning fault in a car accident case is generally only done after the completion of a comprehensive crash investigation. Parties such as police officers, insurance corporations and car accident attorneys may investigate to determine which driver is responsible for the collision.
Factors often considered when determining fault include:
- Whether one driver was in violation of a traffic law, such as speeding or running a red light
- Any proof of criminal activity, such as driving under the influence of drugs or alcohol
- What witnesses have to say about the car accident
- Accident reconstruction conducted by car crash analysts
- Insights and professional opinions from qualified experts
Common types of negligence, or a driver’s failure to operate a motor vehicle with proper care, include distracted driving, texting while driving, drowsy driving, ignoring traffic signs, failing to yield the right-of-way, tailgating and making unsafe lane changes. Evidence of these mistakes can place fault with that driver.
How to Prove Fault in a Car Accident Case in Texas
Evidence to support your car accident case is something you should think about from the beginning, if possible. As a crash victim, you can gather information, documents and details about the accident that can allow you to build a stronger case against the other driver.
Potential types of evidence include:
- A copy of the police report
- Photos and videos of the crash scene
- Traffic or surveillance camera footage
- Eyewitness names and statements
- The driver’s cell phone records
- Medical records related to your injuries
- Accident reconstruction
- Testimony from experts
In most car accident cases, one of the drivers is found to be at fault. However, there are circumstances where third parties can be held liable, such as the manufacturer of a defective vehicle part or a government agency for a road hazard.
What Is Comparative Fault?
In a car accident case in Texas, both drivers involved may be allocated a percentage of fault for the collision. If two or more parties share fault, they will each be held responsible for their contributions to the crash. Texas deals with this issue with the comparative fault law.
Texas Civil Practice and Remedies Code Section 33.001 states that in a case where an individual is given proportionate responsibility for an injury, he or she may still recover financial compensation as long as the percentage of responsibility is 50 percent or less.
Under this rule, you can still receive compensation even if you are assigned partial fault. However, your financial recovery will be diminished by an equivalent percentage. A $100,000 award, for example, would be reduced to $80,000 if you are assigned 20 percent of the fault for a car accident.
Steps to Take After a Car Accident in Texas
If you get involved in a harmful car accident in Texas, there are steps you can take right away to begin constructing a case against the other driver. If you can, here’s what to do:
- Report the car accident to the police. An official police report will contain information about the accident and potentially name who the officer believes is responsible.
- Get professional medical attention. Medical records proving that you were injured can provide the foundation for your insurance claim.
- Gather evidence at the scene. Take pictures of the accident scene and document any physical evidence. This can be important for reconstructing the crash.
- Speak to eyewitnesses. Get the names and contact information of any vehicle passengers or eyewitnesses who saw the crash occur.
- Don’t admit fault. Apologizing to the other driver for the accident or admitting fault in any way could place liability unfairly on you.
As soon as you can, consult with the car accident attorney to discuss your legal rights. A lawyer can help you communicate with insurance adjusters and file your claim.
How Can an Attorney Help After a Car Crash in Texas?
A car accident lawyer will have the information and resources to help you build a strong claim to damages. An attorney will understand what you’re going through as a crash victim and set you up with top doctors and experts who can help you make a physical, emotional and financial recovery.
Contact an Austin car accident lawyer in Texas at FVF Law Firm for legal assistance at any stage of the claims process. Using more than 100 years of combined experience, we can determine who is at fault for your car crash, collect evidence and hire experts to help prove your claim. Call (512) 640-2146s today for a cost-free, zero-pressure case review.
