Determining Fault Following a Car Accident in Houston
Car accidents happen fast. People’s lives are changed overnight. Being able to establish fault in the accident can be everything in getting a successful conclusion to your case. A Houston car accident lawyer will work hard to find out the evidence, interview witnesses, and negotiate with the insurance companies. If you are hurt in a crash, fault determines who pays the bills. Texas is a comparative negligence state. So that means that the part each driver has in the accident will have a bearing on the amount of money that they will receive as compensation. That is why it is so important that the right evidence is obtained early..
Understanding Fault in Texas Car Accidents
In Texas, fault is based on negligence. This means someone failed to act with care. To prove fault, four main parts must be shown:
- Duty of Care: The driver had a duty to drive cautiously.
- Breach of Duty: The driver breached that duty, i.e., texting or speeding.
- Causation: The driver caused the accident directly.
- Damages: You lost something like property damage or injury.
Your lawyer uses these points to make a strong argument.
Key Evidence That Proves Fault
Fault is proven on straightforward, common-sense evidence. The following is what helps:
1. Police Reports
Always notify the police of the accident. Police officers document what happened and are able to put the driver at fault on record. Reports are required to make claims with insurers.
2. Photographs and Videos
Photos provide proof of the road conditions, skid marks, and vehicle damage. Where appropriate, take photos as soon as possible after the accident. Dashcam and roadside camera videos also tell the truth.
3. Witness Statements
Unbiased witnesses provide credibility. They validate your version of what occurred when insurers blamed non-fault.
4. Expert Testimony
Accident reconstructionists give testimony regarding how the accident occurred on the basis of speed, direction, and impact. Your lawyer can make use of them when fault is unclear.
5. Medical Records
Your medical records connect your injuries to the accident. They show the extent of your injuries, which determine compensation.
Common Causes of Fault in Houston Car Crashes
Most accidents are due to the same conditions. Having them makes it simpler to assign blame:
- Distracted driving (texting, eating, using GPS)
- Speeding or reckless driving
- Failure to yield
- Running red lights
- Driving under the influence
- Tailgating or unsafely changing lanes
All of these have a careless act by a driver at their center. That is what your attorney must establish to succeed with your case.
How a Personal Injury Lawyer Helps to Determine Fault
A seasoned Houston lawyer knows how to establish liability. Here’s what they do:
- Surveying the Scene: Lawyers visit accident scenes and collect new evidence before it is lost.
- Sifting through Paperwork: Lawyers sift through police reports, medical reports, and bills.
- Interviewing Witnesses: Lawyers interview witnesses and get first-hand accounts.
- Negotiating with Insurance Adjusters: Insurers prefer settling for low amounts. A lawyer negotiates for reasonable value.
- Suing: Your lawyer can bring the case to court in case negotiation breaks down.
You don’t need to deal with courts and insurers yourself. Legal help makes you more likely to get the full recovery.
Comparative Negligence: What It Means to You
Texas uses a 51% comparative fault rule. Even if you were partly at fault, you are still entitled to recover damages as long as your portion of fault is 50% or less. Your award is reduced by the percentage of fault.
Example:
You’re awarded $100,000 but 20% at fault. You’re awarded $80,000. That’s why fault must be determined—it determines how much you get.
How to Handle a Car Accident
Things done by the book enable your attorney to determine fault later:
- Stay calm and check for damage.
- Call 911 to access medical and police services.
- Get information from all drivers.
- Take pictures and video on the scene.
- Get witness contact information.
- Visit. doctor even if you don’t feel pain anywhere.
- Call an injury lawyer immediately.
Going quickly protects. your rights and prevents insurance companies from. manipulating the facts.
Dealing with Insurance Companies
Insurance adjusters care about saving their company money. They will try:
- Blaming you for the accident
- Offering a low. offer
- Holding out necessary delays
- Dragging out your claim
Never take liability or accept an offer without consulting your lawyer. Your lawyer does all the negotiating and guards you against injustice.
Why You Should Move Fast
The law in Texas caps how long you can wait before making a claim. The statute of limitations gives you two years from the day of the accident to sue. Delays can take away your right to recover for damages. Get a lawyer early so that they can start to gather evidence before it is gone.
What You Can Claim
A personal injury attorney helps you claim for:
- Medical bill
- Lost wages
- Repairing property
- Pain and suffering
- Emotional distress
Proving fault is how to recover every dollar you are entitled to.
When Fault Is Not Clear
Occasionally a wreck will have multiple cars or unclear causes. If this is the case, your lawyer can:
- Re-create the accident
- Sort through black box information
- Look into roadway design or hazard
- Work with experts to determine cause
Severe accidents take careful work, but a good lawyer will uncover it.
Why Hire a Local Houston Lawyer
Local knowledge counts. Local attorneys in Houston know local judges and courts, and traffic too. They also understand how the law in Texas operates in your case.
Being local also makes it easier to have meetings, updates, and preparation for court.
Final Thoughts
After a Houston car accident, the equal pay mechanism is the fault determiner. Evidence, timely action, and good legal advice are all that matter.
If you’re injured, call a Schechter, Shaffer & Harris, LLP – Accident & Injury Attorneys today. They’ll walk you through each step of the way—albeit collecting evidence to win your case.
Frequently Asked Questions (FAQs)
- How do they determine fault after a Houston car accident?
Fault is determined by negligence. Police reports, photographs and witness testimony all help investigators determine who was liable for the crash.
- Can I recover damages if I am partly responsible?
Yes. Texas’s 51% rule allows you to recover for less than 50% fault. Your recovery is decidedly diminished according to your fault.
- What if the other party does not admit its fault?
Your attorney can obtain evidence such as video, phone records, and expert witness to show what happened.
- How long have I been in Texas?
You have two years from the date of the accident to bring your case into a court of law. Failure to do so is a waiver of your right to recovery of damages.
- Why do I need a personal injury lawyer to establish fault?
A lawyer knows how to procure evidence, deal with insurers and prepare an effective case to advocate your rights.
