One of the most important issues in a car accident that takes place in Texas is determining who’s liable. Because Texas is a fault state, the liable party is the one responsible to cover damages. However, Texas also makes provision for the reality that multiple people can be partially at fault for an accident. A car wreck injury attorney in San Antonio can help you determine liability after a car accident.
From a Car Wreck Injury Attorney in San Antonio: How Do You Determine Liability in a Car Accident?
The Basics
To prove liability, you must prove that a person had a duty of care to another, that they violated this duty, that this violation directly caused a loss, and what that actual loss was, specifically. In the context of a car accident, every driver has a duty of care to follow all traffic laws and regulations. This would include everything from obeying red lights and speed limits to keeping a car in good repair and not driving while distracted or impaired.
To prove liability after your accident, you would need to show that the other driver violated the duty of care and this violation directly caused the accident. Then you would need to demonstrate that you have real losses and damages and that these were a direct result of the other driver’s violation.
Proportionate Negligence (Modified Comparative Negligence)
In Texas, the law acknowledges that more than one person may be at fault for an accident. Anyone who is 51% or more responsible cannot claim any damages. Anyone 50% responsible or less can claim damages, but the amount will be reduced by the same percentage as their liability.
For example, imagine a situation where one driver cruises through a stop sign, barely tapping on the brakes. Another driver, who has right of way, hits the first driver; however, this second driver was texting. In a scenario like this, the first driver would likely be held primarily responsible and would not be able to claim any damages.
However, the second driver may be held 20% at fault for having engaged in distracted driving. It could be argued that the accident may not have happened at all if that second driver had been paying attention. If the second driver’s losses were $15,000, they would then be awarded $15,000 minus 20%.
Proving It All
To prove liability, you will want to work closely with a skilled car accident lawyer who has lots of experience in this area. Your lawyer will help you gather evidence and testimony that can show which driver was at fault and to what degree. And if the other driver or their insurance company are trying to saddle you with more liability than you should bear in the situation, your lawyer will work hard to protect you. Learn more here about what an experience lawyer can do to help.
Because of Texas law about modified comparative negligence, it’s very important to establish precisely who is liable and to what degree after a car accident. Always talk with the lawyer to protect yourself.
