When you’re involved in a car accident in Texas, determining liability is an important part of any potential legal or insurance claim. Here’s a brief rundown from a car accident lawyer in San Antonio, TX, of the specific legal standards in Texas for assessing liability.
What Are the Key Factors in Determining Car Accident Liability in Texas? Answers from a Car Accident Lawyer in San Antonio, TX
Comparative Fault in Texas
Texas follows a modified comparative fault system, which means that fault can be shared between drivers involved in an accident. This allows a person to seek compensation even if they were partially at fault as long as they are not more than 50% responsible for the crash. If you were 40% at fault for an accident, then, you could still recover damages, but your compensation would be reduced by your percentage of fault.
Negligence and the Duty of Care
In Texas, liability in car accidents is all about negligence. Every driver on the road has a duty of care to others, meaning they must operate their vehicle in a way that ensures the safety of others. If one party breaches this duty by acting recklessly or carelessly, they may be found negligent and liable for the accident. In a car accident, this could mean speeding, running a red light, or failing to yield the right of way.
Violation of Traffic Laws
Texas law holds that drivers must adhere to state and local traffic rules. These laws are in place to protect everyone on the road, and violating them can be strong evidence of negligence. If one of the drivers was issued a citation for a traffic violation, such as speeding or failing to stop at a stop sign, this can be used to establish liability.
Evidence Collected at the Scene
The evidence gathered immediately following an accident will also help in determining fault. This can include photos of the scene, damage to the vehicles, skid marks, and debris. The position of the vehicles after the crash, eyewitness testimony, and even the weather conditions at the time of the accident are all important pieces of information.
In Texas, law enforcement officers will also typically respond to serious accidents and write a report detailing their observations, which can be used by insurance companies and attorneys to help establish liability. This report may include statements from both drivers, witness accounts, and the officer’s professional judgment on who likely caused the accident. Learn more about how attorneys rely on these reports.
Role of Insurance Companies
Texas is an at-fault state for car accidents, meaning the driver who is found responsible for the accident (or their insurance company) is liable for covering damages. Insurance companies will do their own work in establishing liability, as they will conduct their own investigation into the accident.
Determining liability in a car accident in Texas is based on factors such as comparative fault, negligence, traffic law violations, and evidence collected at the scene. If you are involved in a car accident, understanding these factors can help you deal with the claims process and build a strong case for your claim.
