When you’re involved in a car accident, your life can be abruptly transformed into an unimaginable reality. Sustaining broken bones or other lasting injuries may result in a lifelong reliance on family and friends. Alongside the physical pain, significant financial losses are probable due to medical expenses. Exhausting your savings or being deemed unfit for employment by your employer can lead to potential bankruptcy as you seek treatment for injuries following an automobile collision. A study by the Texas Department of Transportation reveals that a crash happens every 56 seconds.
Fortunately, personal injury claims provide an avenue for recovery from the negligent driver. While it may seem straightforward to prove that someone else was responsible for the accident, it is not always the case. Some car accident cases require the expertise of expert witnesses, such as accident reconstructionists, to determine fault. Furthermore, you may also be held partially responsible for your injuries, affecting the value of your claims. It is crucial to understand liability in Stafford car accident cases. Consult one of our knowledgeable auto wreck attorneys to learn more.
In evaluating a negligent injury case, the judge or jury will consider the evidence presented by both sides. After reviewing the evidence from your attorney and the defense insurance company, the court determines how liability is shared based on the degree of fault of the parties involved in the car accident. The percentages then dictate the amount each party is responsible for paying as damages, with your level of negligence reducing the amount you receive in claims. Depending on your case, several laws can come into play for compensation purposes, including comparative negligence and contributory negligence.
Stafford courts apply the comparative negligence rule when handling vehicle collision cases. This means that liability can be distributed among all the involved parties according to their degree of fault. As a result, the final compensation will reflect each party’s level of negligence.
Under Texas’s modified comparative fault approach, the plaintiff can be up to 49 percent at fault for the accident and still receive compensatory damages. While this provides some relief, it also has its downside. If you are found to be more than 50 percent at fault for the crash, you lose all your legal rights and receive no compensation, regardless of the severity of your injuries.
Other states follow different rules. Under the contributory negligence rule, the plaintiff cannot be even 1 percent at fault for the incident. Unlike comparative negligence, which considers fault up to the 49 percent cutoff, contributory negligence takes into account any degree of fault, no matter how small. If the plaintiff is found to be at fault, even to a minimal extent, they will be barred from recovery.
As mentioned earlier, your ability to recover damages after a vehicle collision in Stafford depends on your ability to prove negligence in your case. There are several entities responsible for collecting, preserving, and presenting evidence to determine fault. One common method of determining liability is through the police report. Legally, they are the first responders expected to investigate the crash scene.
After an accident, you are required to inform your insurance company about the crash, allowing them to conduct independent investigations if necessary. Typically, this is done through an insurance adjuster. As an employee of the insurance company, they will thoroughly investigate the cause of the crash, including any degree of fault on your part. Nevertheless, it is advisable not to engage with insurance companies without professional legal representation. Finally, retaining an experienced lawyer can assist in determining fault in your case. They will conduct independent investigations, involving expert witnesses such as road safety authorities and accident reconstructionist. Your attorney can also obtain a copy of the official police report for your records. An experienced counsel will go a long way in easing the process for you.
Establishing liability in Stafford car accident cases is a challenging task that demands time, resources, and unwavering dedication to uncover the truth. To maximize your compensation for injuries, it is essential to gather all available evidence. However, it’s crucial to recognize that insurance adjusters will not make it easy for you. To effectively counter their tactics and demonstrate that the defendant bears significant responsibility for the crash, we encourage you to consult with a lawyer from our firm. Contact us today for a complimentary case evaluation.
