How to Prove Fault in a Texas Car Accident Case

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.

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.

Tags: car accident lawyer texas, Personal Injury Lawyer, Personal Injury Mcallen, personal injury texas
Posted in Car Accident Lawyer | No Comments »