In the aftermath of a major road accident, one of the critical questions that must be answered is the question of fault. Understanding liability is the only way to accurately pinpoint the party or parties to hold accountable for injuries and property damage.
This usually requires evidence from the scene, such as photos, traffic footage, eyewitness accounts, and testimonials from expert witnesses. Fully understanding liability may require the help of a qualified car accident lawyer in La Porte.
Determining Liability in a La Porte Car Accident
Essentially, you must recognize and apply the following four factors when determining liability in a La Porte car accident:
Duty of care
The first element that must be shown is the duty of care. This means that another party owed you a legal duty to act in a manner that doesn’t put you at risk.
Proving duty of care in car accidents is much easier than other elements of negligence. Anyone operating a vehicle in Texas automatically bears this responsibility. As such, duty of care means adhering to state and federal traffic laws regarding speeding, yielding, lane discipline, and more. Duty of care is vital for everyone’s safety and well-being.
Breach
Since every motorist and road user in our state owes everyone else a duty of care, any negligence violates that duty and is therefore considered a breach of duty.
These acts include aggressive driving, speeding, unsafe lane changes, inexperienced driving, drunk driving, distracted driving, and more. Because the duty of care extends to other parties, such as vehicle manufacturers, a breach in that case may involve defective products and unsafe vehicle designs.
Showing that the defendant actively breached the duty of care is a significant milestone when proving fault in a La Porte car accident.
Causation
Another critical element of negligence necessary for determining liability in a La Porte car accident is causation. It refers to the link between a breach of duty and the resulting consequence or harm.
Without demonstrating this link, a car accident claim may fail even when the other party was clearly reckless. Similarly, you may also bear the fault if your actions contributed to the accident.
Under Texas comparative negligence rules, an injured person may recover compensation only if they are not more than 50% at fault. In that case, compensation is reduced by their percentage of the fault.
Damages
Damages in an injury case refer to a car accident victim’s losses due to someone else’s negligence. They are categorized as economic or non-economic. Economic damages are monetary and often come with a specific dollar value.
They include medical expenses, lost income due to missed work, rehabilitation expenses, vehicle repair estimates, loss of income-earning ability, and costs incurred out of pocket.
On the other hand, non-economic damages are intangible losses. They are not easily quantifiable as they cover the non-physical consequences of an injury or accident. Non-economic damages encompass reduced quality of life, emotional trauma, pain and suffering, permanent disability, loss of consortium, and more.
For a free legal consultation, call (713) 429-0711
Who Can Be Sued After a Car Accident in La Porte?
Any of the following parties may be liable for a La Porte car accident depending on the circumstances that caused the crash:
Employers
Employers of negligent drivers can also be at fault for car accidents through vicarious liability. The driver must have been performing job-related duties when the accident happened. In that case, the employer may be held liable under vicarious liability principles or for negligent hiring or training.
Drivers
Individual drivers are the most sued parties in La Porte car accident cases. Reckless actions that directly result in motor vehicle accidents include speeding, unsafe lane changes, distracted driving, road rage, and drunk driving, among other negligent behaviors.
State Agencies
State agencies may also be at fault for motor vehicle accidents involving hazardous conditions such as improper maintenance, inadequate signage, unsafe road designs, and construction zones. Due to the government’s immunity, lawsuits against state agencies can be uniquely complex. However, an attorney can evaluate whether a claim against a government entity is permitted under applicable law.
Let Us Help You Prove Liability in a La Porte Car Accident Case
Liability in a La Porte car accident is not always straightforward. Fault may be contested among different parties. Hiring a seasoned auto wreck attorney is necessary for investigating the crash and determining fault.
Call our firm today to discuss your case for free.
Call or text (713) 429-0711 or complete a Free Case Evaluation form
