What Are Comparative Fault Rules in Texas Car Accidents?

If you've been in a car accident, a lot depends on proving fault. This makes it important to have a McAllen, TX accident lawyer fighting on your side right from the beginning to help you show exactly what happened and who is responsible. By Finding Evidence Evidence is always needed to prove fault, and you must prove several elements in a case like this. First, the evidence must show who was negligent; that is, who had a duty of care and failed in it. In a car accident, this is usually a person who broke a traffic law and thus caused the accident, such as by running a red light. But just showing negligence isn't enough. You must also show that the negligence caused the accident, which wouldn't have happened, or at least would not have been nearly so bad, but for the person's negligence. more To prove all this requires showing what the duty of care was, how it was broken, and how it caused the accident. The first can be simple in some cases (all drivers have a duty of care to obey traffic laws), but sometimes it's more complicated. If there's a trucking company involved, for instance, then there are additional duties, such as the duty to follow all federal trucking regulations. In that case, your lawyer will need to get access to the truck maintenance and driver logs and possibly internal records of the trucking company. Then, you'll need to prove a breach of the duty of care happened and that it caused the accident, and that usually requires video or photographic evidence, witness testimony, or an accident reconstruction specialist, who can piece together the physical evidence to explain how things went down. Your lawyer can get access to things you might not be able to find, such as the security camera footage from a nearby store or the black box recordings of the vehicles. By Using the Evidence Well Just having the evidence isn't enough in itself. You have to be able to put it together logically and clearly to make an argument that shows why one party is at fault. This is something your lawyer will have done many times, so your lawyer will put the evidence into a coherent narrative and then use this in negotiations with the insurance company and, if necessary, in the courtroom. By Protecting You Texas only allows you to bring a claim if you are less than 50% at fault. The other side's insurance company may try to push off more blame onto you than you deserve in an attempt to get you to 50%. Or, they may minimize your losses and damages to minimize their own payout, because even if you're less than 50% at fault, your damages will still typically be reduced by the same percentage as your fault. They have some clever tactics for shifting blame and denying coverage, but an experienced lawyer will know how to handle it. Contact the Almaraz Law Firm in McAllen, TX to start a free consultation and get an experienced lawyer on your side right away.

Sometimes accidents happen. No matter how careful a driver you are, you can't always account for the weather, the condition of the road, or the behavior of other drivers. At the Almaraz Law Firm in McAllen TX, we know that forewarned is forearmed, so read on to find out what a car accident attorney wants you to know about this aspect of Texas law. 1. Texas Is a "Fault" State In some states, the law is that in a collision between two insured drivers, the damage taken by each driver is paid for by their own insurance companies. However, this is not the case in Texas. Texas operates on a tort liability system, meaning that the person found to be at fault for the accident is responsible for all damages resulting from the crash. more If you're involved in an accident, you have the right to seek compensation from the at-fault driver's insurance company, file a lawsuit against the driver, or pursue a claim through your own insurance if it covers the damages. You must prove that the other driver was negligent or careless in some way to recover damages. This could involve showing that the other driver violated traffic laws, was distracted, or otherwise failed to exercise reasonable care while driving. 2. Compensation Is Reduced By Your Percentage of Fault Texas follows a modified comparative fault rule, which can affect the amount of compensation you receive if you are found partially at fault for the accident. Under this rule, you can still recover damages even if you are partially responsible, as long as you are not more than 50% at fault. However, your compensation will be reduced by your percentage of fault. 3. There Is a Statute of Limitations As with other types of accident, there is a time frame within which you must file your lawsuit for personal injury or property damage resulting from a car accident. This time frame is known as the statute of limitations. For car accident cases, the statute of limitations in Texas is generally two years from the date of the accident. If you do not file a lawsuit within this period, you may lose your right to pursue compensation for your injuries or damages, so it's important to act promptly. 4. A Car Accident Attorney Can Help You wouldn't expect to have to rewire your house yourself or do your own medical examination, so why would you feel like you had to act as your own advocate? When you need help, it's best to consult a specialist rather than going it alone. An attorney will protect your rights and advocate on your behalf, especially if the other party disputes liability or if you are facing a complex case involving multiple parties. By seeking legal advice early on, you can avoid common pitfalls and strengthen your position in any legal proceedings. Get in touch with us at the Almaraz Law Firm in McAllen TX, to consult with an experienced attorney.

If you have been in a car accident here in Texas, you may already know that the person at fault is responsible to pay the damages of the other party. By talking to a McAllen, TX accident lawyer, you can find out exactly what you need to prove fault in your case. Show "Duty of Care" and a Failure The "duty of care" is a legal term referring to the requirement of a person in any particular situation to behave as any reasonable person would to avoid harming others. On the roads, this basically translates to obeying all traffic laws, driving safely in general, not driving when overly tired or impaired, and, nowadays, also avoiding texting and other distractions. The other driver is also required to keep their vehicle in reasonable repair. If the other driver was speeding, texting, or anything mentioned above, they may have failed their duty of care. more In some cases, the party responsible for a car accident is not another driver at all. If the roads were in bad condition, the responsible party could be the city or municipality who has failed in their duty to keep the roads in good condition. Mechanics have a duty of care to provide the service that they say they have given: if the other driver hit you because their brakes failed, and this happened because a mechanic did not do a proper job maintaining the car when they were paid to do so, this would be a failure in duty of care. Show How the Failure Caused the Accident Just because a driver failed in their duty of care does not per se mean that they are responsible for the accident. The next step is to show that it was specifically this failure that caused the accident. This is not always as straightforward as it seems, and you will need the help of a qualified lawyer to gather the evidence you need and then use it convincingly to show the other party's fault. Some of the evidence that might be valuable will include the police report, any video evidence from dash cams or nearby traffic cameras, photographs that you may have taken after the accident, and the testimony of witnesses. Prove Your Damages and Link Them to the Accident Again, just because there was an accident or even just because you have suffered damages does not mean the other party is responsible until you can show that your damages are a direct result of the accident. You'll prove your damages with things like medical bills, and you'll use other evidence, such as a police report, to show that these medical bills are the direct result of the accident the other party caused. Get Help from a McAllen, TX Accident Lawyer The law is complex, and it can be more difficult to prove fault than you might initially think. You can also expect the other side to contest their degree of fault and even try to put as much blame on you as possible in an effort to minimize their responsibility. For experienced help in McAllen, San Antonio, and the surrounding areas, contact the Almaraz Law Firm now.