Sometimes, determining fault is relatively easy in a car accident claim. A driver runs a red light and crashes into another vehicle with the right of way. Other vehicle accidents are a little harder to figure out who’s to blame. Your accident may even have more than one at-fault. driver.
Since determining fault can be complicated, it’s a good idea to retain the services of Houston car accident lawyer Jimmy Doan. Your attorney can help ensure you’re not assigned more than your fair share of the blame. So, how is fault determined in a Houston vehicle accident? We’ll look at this and more so you’re better informed before filing an accident claim.
How Fault Is Determined in a Texas Car Accident Claim
Before you can start pointing a finger at the driver who may be potentially responsible for a vehicle accident, it helps to understand Texas insurance laws. The Lone Star state follows at-fault insurance guidelines, meaning that you file a claim with the at-fault driver’s insurance provider.
Sometimes, fault is easy to determine. Some examples can be if a driver runs a stop sign or red light. If a driver is intoxicated, chances are they’re the individual responsible for causing the accident.
Other vehicle accidents are a little more complex, and this can apply if both drivers involved in the accident fail to follow all traffic laws. However, if you’re guilty of making an illegal turn and are hit by a motorist running a red light, you may still be able to recover compensation from the other driver’s insurance company. This is because Texas is also a comparative negligence state.
If you’re not sure what comparative negligence is, the premise is fairly simple: the rule allows for more than one individual to be responsible for an accident. The insurance adjuster and/or responding authorities will assign blame for the collision. As long as you’re not assigned more than 50% of the blame, you should still be able to file a claim with the other driver’s insurance provider.
So, how does comparative negligence affect your accident claim? Your settlement is reduced by the same percentage of your blame. So, if you’re assigned 30% of the blame for making an illegal turn and receive a settlement for $100,000, your check will be for $70,000.
You can also contest your assigned share of the blame if you believe it’s unfair, which usually means filing an appeal in civil court. From there, a judge or jury decides who receives what percentage of the accident fault. To help ensure you’re not assigned more than your fair percentage of blame for an accident, it’s a good idea to work with a personal injury attorney.
Proving Negligence in a Texas Car Accident Claim
Unless you’re working through an uncontested accident claim, this is one where the insurance company agrees to pay your claim and you’re just finishing up negotiations, you’re going to need to prove negligence.
Providing negligence is typically a non-negotiable part of any personal injury claim. Showing the at-fault driver’s negligence as the contributing factor to your accident isn’t always easy. You must prove four elements, duty of care, breach of duty, causation, and damages.
Since all drivers owe others a duty of care, this element is usually relatively easy to prove in most accident claims. All motorists have a duty to obey all traffic laws, and this includes yielding the right of way and stopping at all red lights. When a motorist fails to obey traffic laws, it’s a breach of duty. This breach is the cause of your accident, resulting in your damages.
However, when comparative negligence is involved, things can get a little complicated. Now, you must show that while your actions contributed to the accident, you’re not the primary cause.
To show you’re not the primary cause of the accident, in other words, you shouldn’t be assigned more than 50% of the blame, you’ll probably need to submit plenty of documentation. This can include your accident report, which typically lists the cause of the vehicle collision. Your medical records and property damage estimates can also help support your accident claim.
Don’t forget about witness testimony—most accidents are witnessed by neutral parties. Their testimony can be invaluable in proving your car accident claim.
Reach Out For Assistance if Needed
Whether you’re trying to prove negligence, recover damages, or demonstrate that you weren’t at fault in a car accident, an attorney can be invaluable.
Consulting with an attorney throughout this process can simplify the process of filing an insurance claim and improve your chances of receiving fair compensation. They can guide you through the legal complexities, handle negotiations, and ensure your rights are protected throughout the process.
