Indeed, most personal injury lawsuits, including those emanating from auto wrecks, are based on the concept of negligence. However, no one intends to cause an accident; actions or inactions that are contrary to what a reasonable person would do amount to negligence.
Therefore, determining liability in an Alief car accident based on this concept involves an in-depth analysis of the situations and circumstances surrounding a crash.
It must be established, with evidential proof, that the other party failed to meet their legal duty to follow state and federal traffic safety laws. Our car accident lawyers in Alief understand what it means to succeed in your claim, and are determined to find all the responsible parties in your crash.
How Negligence Affects Your Car Accident Case
The basic elements used to determine liability in car accident claims are:
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Duty of Care
This concept is a very crucial principle of personal injury law. To a greater extent, it goes beyond just following traffic laws. Duty of care requires everyone to exercise reasonable care and steer clear of any acts or omissions that may put others in harm’s way.
In driving, the duty of care is a moral and legal obligation for drivers to operate their vehicles in the safest way for their safety, their passengers, and that of the general public.
This duty is pretty straightforward. Don’t speed. Don’t drink and drive. Don’t overtake carelessly. Don’t use a cell phone while driving, among others.
Breach of Duty
Breach of duty when determining liability in an Alief car accident means the failure to observe the duty discussed earlier. So if a driver or any other relevant party in the transport sector fails to uphold this legal requirement and thus exposes others to harm, they have breached their duty. This may happen in many ways, with most of them involving flouting traffic laws.
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Causation
Proving that the duty of care was breached is necessary, but that’s not the end. You must show proof that the breach caused your injuries.
This means that had the other party been more careful or observed the duty of care, the crash would not have happened, and you would not have been injured. Causation may be proximate or cause-in-fact.
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Damages
The losses and costs that follow an injury or auto wreck must be expressed in monetary terms when filing a case. You must provide proof showing the damages you claim.
Lost wages, lost future income, medical expenses, physical pain and suffering, damages in a wrongful death claim (if the accident resulted in a fatality), loss of consortium, loss of enjoyment of life, and rehabilitation costs are some of the damages you may claim after establishing liability in an Alief car accident case.
Shared Fault
Texas is a shared fault state. This means that the fault is shared among all parties involved based on their contribution to the accident. For example, if multiple vehicles are involved, liability may be established on more than two parties even if only one party or driver started the accident chain.
Picture this: you are hit by a drunk driver who veered off the road to avoid a negligently parked truck. In this scenario, it’s easy to blame the drunk driver alone.
However, a skilled attorney can help you identify grounds on which to hold the truck driver accountable for dangerous conduct. Liability in an Alief car accident involving multiple parties often calls for a seasoned legal team that can liaise with accident reconstruction experts to determine the parties likely to have been negligent.
Modified Comparative Fault in Texas
Another common determinant of how liability in an Alief car accident plays out is modified comparative negligence. Sometimes, injured persons have a hand in the injuries they suffer. For instance, if you were distracted by your phone when crossing the road, and a speeding driver hit you, your contribution to the accident is a reason for concern. In Texas, anyone who contributes to an accident where they suffer harm may still be eligible for compensation.
However, under Texas’s modified comparative fault rule, you may recover damages as long as you are not more than 50% responsible for the accident.
Your compensation will be reduced by your percentage of fault. So even if you firmly believe you were largely to blame, you should have a seasoned auto wreck attorney review the circumstances of the crash to determine the degree of fault for all parties involved.
Speak With Our Car Accident Attorneys
Keep in mind that anything you say at the scene or to insurance companies may hurt your case. It is best to avoid making statements about fault before speaking with an attorney, as insurers may use your words against you.
Call our car accident lawyers to learn and know more about liability in Alief car accident cases today.
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