Car Accident Liability: Who’s At Fault?

After being injured in a car accident, you may feel overwhelmed as you try to understand your next steps. To ensure you are fairly compensated for the losses you have suffered due to the accident, it is crucial that you understand how liability works in the state of Texas and who may be at fault for the crash.

At Kuzmich Law Firm, P.C., our personal injury lawyers have experience handling various types of cases, including those involving car accidents. To understand how liability is established in Texas personal injury cases, it is important to note that the state operates under a comparative negligence law that can sometimes place partial fault on both parties involved in the crash. 

How Does Texas’ Comparative Negligence Law Affect Your Car Accident Case?

While many car accident cases paint a clear picture of what occurred and who the at-fault party is, some cases are not as clear, and liability may fall on the shoulders of all drivers involved in the crash. This is because Texas operates under a comparative negligence law regarding car accidents and establishing liability. 

For car accidents in Texas, fault may be established by following the state’s modified comparative fault rule. This means that both you and the party that hit you may share the blame for an accident. Liability is generally split in terms of how much at fault each person is found to be after investigating the case. 

A good example of this law would be if an accident took place where one driver ran a stop sign, but the other was traveling just slightly over the speed limit. In this case, the driver who was slightly speeding may be considered 10 percent at fault even though they were the driver who was hit. In other words, if the driver who was hit claimed $10,000 in damages, they would receive $9,000 to make up for the 10 percent liability they hold for the accident.

It is important to note that with modified comparative fault, if the injured party is found to be more than 50 percent at fault for a car accident in Texas, they are not eligible to recover any compensation. If you were injured in a car accident in Texas, it is important you have the help of a trusted personal injury lawyer who can help determine who is at fault and where liability lies in your case as you pursue fair compensation for your losses. 

Damages You Can Recover After a Texas Car Accident

After you have been injured in a car accident and fault has been established, your lawyer can help you understand what compensation you may be eligible to recover based on the details of your case. The damages you may be able to collect include the following:

  • Medical expenses
  • Lost wages
  • Lost earning potential
  • Property damages
  • Pain and suffering

When filing your claim, your lawyer will negotiate for the best possible outcome for your case.

Get Help With Your Texas Car Accident Claim Today

Kuzmich Law Firm, P.C. has successfully represented clients throughout Texas in car accidents, helping them determine fault and pursue justice. Steve Kuzmich is a board-certified personal injury professional with over 28 years of experience providing clients with the dedicated representation needed after they have been injured in a car crash. To get the fair compensation you deserve, contact our personal injury firm in Texas today. 

For a free case evaluation today, please call our car accident law office at (972) 434-1555.