How to Determine Fault in a Houston Car CrashHouston Legal News
Car crashes take place daily, and most people will be involved in a collision at least once during their lifetimes. Fortunately, the majority of crashes are not serious and do not contribute to catastrophic injuries. In the event of a collision, you need to understand who is at fault for the accident. Even those who share partial blame for a Houston car crash may be able to recover damages depending on the circumstances of their case.
Modified Comparative Fault
Many drivers share the misconception that if they are at-fault for the crash then they will be unable to recover financial compensation. However, that is not exactly the case in Texas. The state utilizes the doctrine of comparative fault when determining who is responsible for a car crash.
Comparative fault means that more than one party is liable for the accident, and a portion of responsibility will be assigned to each party involved in the incident. That percentage is then applied to your own damages. Modified comparative fault provides drivers who are less than 50% responsible with the chance to recover damages in an accident. However, if a driver is more than 50% at-fault for contributing to the collision, then he or she will be prohibited from collecting any compensation whatsoever.
If you share partial responsibility for an accident, your compensation will be reduced by that amount. For instance, if you suffered a $10,000 loss but were 10% at-fault, your damages will be reduced by 10%, meaning you will be able to recover $9,000.
How is Fault Determined in Texas?
In some personal injury cases, it can be complicated to determine who is at fault for a Texas car accident. There are many potential factors to consider when fighting out who is the responsible party. The cause of the crash has to be determined. The cause of the accident may be clear, such as when a driver rear-ends another vehicle. In other times, the cause can be more difficult to ascertain.
The police will make a report based on their findings at the scene of the accident, and they may also take statements fr the drivers and any witnesses who may have been present at the crash site. In some cases, an accident reconstruction specialist is required to piece together what happened right before, during, and after an accident.
Certain other factors may also be involved, including whether any driver was using a cellphone or was distracted or impaired at the time of the crash. Additional factors such as roadway conditions, weather, and mechanical failures need to be considered.
Houston Car Wrecks
In most cases, Texas car crash victims are injured by reckless or negligent drivers, and the responsible party can be made to cover the damages resulting from the collision. For over a decade, Connolly Law has helped car crash victims obtain the compensation they deserve. Our qualified Houston car crash attorneys will work tirelessly to ensure that your rights are protected under the law. Contact our offices today at 877-CONNLAW to discuss your case today.