Understanding Fault Determination in Car Accidents in Texas
by
Rex A. Manaster on Jul. 21, 2023
Accident & Injury Car Accident Accident & Injury Personal Injury Accident & Injury
Summary: There are a number of methods used to determine fault in a car wreck.
The first question a lawyer wants answered about a car accident client is whether it someone elses' fault. It is central to personal injury claims because it affects the compensation that each party may receive. In Texas, fault is determined based on a modified comparative negligence rule
The modified comparative negligence rule is also known as proportionate responsibility rule. Under this rule, a person can seek compensation for their injuries and damages resulting from a car accident only if they are found to be less than 51% at fault for the collision. If an individual's degree of fault is equal to or greater than 51%, they may be barred from recovering any compensation.
When determining fault in a car accident, several factors come into play. These include:
Police Report: Law enforcement officers who respond to the accident scene typically create a police report. This report may include their assessment of how the accident happened and who they believe was at fault.
Eyewitness Accounts: Statements from witnesses who saw the accident occur can provide valuable insight into how the collision happened and who may be responsible.
Physical Evidence: Skid marks, vehicle damage, and the accident scene's condition can help recreate the events leading up to the crash and aid in determining fault.
Traffic Law Violations: If any drivers involved in the accident were cited for violating traffic laws, this can be used as evidence of negligence.
Expert Opinions: In some cases, accident reconstruction experts may be consulted to provide their professional opinions on how the collision occurred and who may be at fault.
In cases where fault is shared among multiple parties, Texas follows the rule of proportionate responsibility. This means that each party is responsible for their percentage of fault. For example, if a driver is deemed 20% at fault for an accident, their potential compensation will be reduced by that percentage.
Navigating fault determination in car accidents can be complex. If you've been involved in a car wreck in Texas, seeking legal representation from an experienced personal injury lawyer is essential. An attorney can protect your rights, gather evidence to establish fault, and maximize the compensation you may be entitled to receive.
