Car accidents bring with them a lot of financial, physical, and emotional burdens for injured victims. If severely injured, you may be looking at a lifetime of dependency and a lower quality life. You may no longer enjoy the freedom of doing the same things you could before the car accident. At one point, you may feel like a burden to your loved ones. While there is nothing much you can do to undo what already happened, the course your life takes is in your hands. It’s up to you to secure or break your future.
One notable way of securing your future following a car accident is filing a personal injury claim. By doing so, you become eligible for monetary compensation for your injuries and losses. However, you must prove that the accident wasn’t your fault. This means that someone else must be found culpable of negligence in order to recover a beneficial outcome. Determining liability in a Cypress car accident case is among the most contentious areas in personal injury law. But a seasoned attorney may help overcome this complex legal hurdle.
When two vehicles collide, or a pedestrian is knocked down, one of the parties is likely to blame. This liability sets the stage for legal action. During your case evaluation, you will hear your attorney use terms like fault and no-fault laws. In essence, these are the laws that determine the party to bear liability in your Cypress car wreck claim.
In a fault state, liability for the accident determines the party to pay for damages caused. The driver or party that bears the greatest fault becomes financially accountable for the losses you suffer. On the other hand, a no-fault state doesn’t require any party to be at fault. Liability is irrelevant. The injured party will seek damages from their insurance companies regardless of fault.
Texas is a fault state. This means that you should pursue compensation from the party responsible for your injuries. But before you receive any financial benefits from the other party, you must, first of all, prove that they were to blame for the accident where you suffered harm. Proof of fault may be shown in many ways including police reports, eye witness statements, expert witness testimonials as well as medical reports.
According to statistics from the Texas Department of Transportation, most motor vehicle accidents are caused by human error. Negligence on the part of drivers is the most important when it comes to serious car crashes. Some behaviors like drunk driving, speeding, driving under the influence of alcohol, aggressive driving as well as tailgating are some examples of negligence on their part. As such, they become accountable for accidents that result from these behaviors. If they don’t have insurance coverage, they may be forced to compensate you out-of-pocket, or you may want to use your own uninsured motorist coverage.
A driver may not be the only person to blame for a vehicle collision. Liability may fall on any party that causes the crash. From the investigations, your attorney may establish fault on the part of parties such as:
To get to the bottom of your case when determining liability, you need a dedicated attorney who understands what it takes to prove and win a car accident case.
Yes, you may still be compensated even when you are partially responsible for your injuries. Although the comparative negligence law is not applicable in all states, Texans are open to recovering compensation for accidents they may be partially responsible for. However, your degree of fault must fall below 50%.
On the other hand, states with contributory negligence laws bar car accident victims from pursuing compensation even when they are 1% at fault for their injuries. In Texas, the amount recoverable in a comparative negligence case is dependent on your degree of fault. For example, if you are 25% at fault, your final amount will be reduced by this percentage.
If you would like assistance in determining liability in a Cypress car accident case, you should contact our car accident lawyers. Our dedicated legal teams at Lone Star Injury Attorneys are ready to answer any questions you may have regarding negligence. Contact us today for a free consultation to learn more.