Car accidents often result in substantial financial, physical, and emotional burdens for those injured. If you are severely injured, you may face a lifetime of dependency and a reduced quality of life. The activities you once enjoyed may now be beyond your reach, and at times, you may feel like a burden to your loved ones. While there’s little that can be done to change what has happened, the path your life takes is within your control. Your choices can either secure or hinder your future.
A significant way to protect your future after a car accident is by filing a personal injury claim. Doing so may make you eligible for monetary compensation for your injuries and losses. However, to be successful, you must prove that the accident was not your fault. This entails showing that someone else was negligent, thereby enabling you to recover compensation. Determining liability in a Cypress car accident case can be one of the most contentious aspects of personal injury law, but an experienced attorney can help you navigate this complex legal challenge.
When two vehicles collide or a pedestrian is struck, one party is typically found to be at fault. This finding of liability sets the groundwork for legal action. During your case evaluation, your attorney may refer to terms like “fault” and “no-fault” laws. These laws dictate who bears responsibility in your Cypress car wreck claim.
In a fault state, the party responsible for the accident is required to pay for the damages caused. Whoever bears the most fault becomes financially accountable for your losses. Conversely, in a no-fault state, fault is not a consideration. Instead, the injured party seeks damages from their own insurance company, regardless of who caused the accident.
Texas operates under a fault system, meaning that you must pursue compensation from the party responsible for your injuries. To receive any financial benefits from the other party, you first have to prove that they were to blame for the accident that caused you harm. Evidence of fault can come in many forms, including police reports, eyewitness statements, expert witness testimonies, and medical records.
Statistics from the Texas Department of Transportation reveal that most motor vehicle accidents result from human error. Negligence on the part of drivers often plays a critical role in serious car crashes. Actions such as drunk driving, speeding, driving under the influence of alcohol, aggressive driving, and tailgating are examples of such negligence. As a result, drivers engaging in these behaviors may be held accountable for accidents that ensue. Should they lack insurance coverage, they might be compelled to compensate you out-of-pocket, or you may choose to utilize your own uninsured motorist coverage.
A driver isn’t always the sole party at fault in a vehicle collision. Liability can be attributed to any party that contributed to the crash. Upon investigation, your attorney may identify other responsible parties, including:
To thoroughly assess your case and determine liability, you will need a dedicated attorney experienced in proving and winning car accident claims.
Yes, you may still qualify for compensation even if you are partially to blame for your injuries. While the comparative negligence law doesn’t apply universally, Texans have the opportunity to recover compensation even if they are partly responsible for an accident, provided their degree of fault is less than 50%.
Conversely, states operating under contributory negligence laws may prevent car accident victims from seeking compensation if they are found to be even 1% at fault. In Texas, the amount you can recover in a comparative negligence case is adjusted according to your degree of fault. For instance, if you are found to be 25% at fault, your final compensation will be reduced by that percentage.
Should you require help in determining liability in a Cypress car accident case, don’t hesitate to reach out to our car accident lawyers. The dedicated legal teams at Lone Star Injury Attorneys stand ready to answer any questions you may have about negligence. Contact us today to schedule a free consultation and learn more.