Yes, fault can be shared in a car accident. For instance, suppose that you were involved in a collision with a reckless driver, but perhaps you were texting at the time of the accident. Because both of you acted negligently to some extent, both of you can be assigned a percentage of fault for the collision. Per Texas Civil Practice and Remedies Code §33.001, Texas operates under “proportionate responsibility” laws.
Under this comparative negligence system, the compensation available to both parties is reduced based on their share of fault. For instance, you requested $100,000 for your injuries and other accident-related damages. The jury determined you were 20% responsible for the collision. In that case, you would receive $80,000 in compensation as a result.
Assigning fault for a car accident can quickly become confusing. You may choose to work with a Texas car accident lawyer who can determine fault for your collision.
The Value of Working with a Car Accident Lawyer
Determining fault is not always a straightforward process. To recover compensation, injured claimants must show how another party caused their injuries. For help with this process, many people elect to work with a car accident lawyer.
A lawyer can:
- Provide clarity about your legal options
- Conduct an investigation into the cause of the accident
- Gather evidence to support your claim
- Refute or mitigate fault assigned to you for the accident
- Negotiate for a settlement on your behalf
If you were injured in a car accident in Texas and assigned partial blame, you have legal options.
For a free legal consultation, call 800-777-7777
How Insurance Companies Determine Fault in Texas
After a collision, each driver typically files a claim with an insurance company. A representative will be assigned to each party, known as an adjuster. The adjuster will investigate the accident to determine who was at fault and assign a percentage of blame to the involved parties. Their determination will be made based on whose negligence caused the crash.
Negligence occurs when a person fails to exercise the amount of caution that a reasonable person would under the same circumstances.
The Texas Department of Transportation (TxDOT) suggested that the following negligent actions can cause car accidents:
- Driving under the influence of alcohol
- Following too closely
- Running red lights and stop signs
- Distracted driving
- Engaging in road rage
It is important to be aware that the insurance company’s determination of fault is not final. You have the right to appeal a decision if you feel that their findings are unfair or inaccurate.
A Personal Injury Lawyer Will Fight for a Fair Settlement on Your Behalf
Being in a car accident can be a harrowing and frustrating experience. Victims sometimes sustain serious injuries that prevent them from working during their recovery period, adding further financial pressure to an already difficult situation.
A personal injury lawyer can examine the details of your case and help you pursue compensation for:
- Current and ongoing medical bills
- Rehabilitation costs
- Pain and suffering and inconvenience
- Lost wages
- Reduced future earning capacity
- Emotional trauma
After teaming up with a personal injury lawyer, they can manage all of the filings and communications involved with your case. You generally have a two-year period to file a Texas car accident lawsuit, per Texas Civil Practice and Remedies Code §16.003.
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Call in the Strong Arm with Loncar Lyon Jenkins
The aftermath of a car accident can be overwhelming. Dealing with the police, the other party’s legal counsel, and insurance companies can be difficult. If you or a loved one was injured in a car accident and are concerned about issues regarding fault, a personal injury lawyer can provide legal advice. They can also help you avoid the pitfalls that could impact your case’s success.
At Loncar Lyon Jenkins, we understand the challenges our clients face after being injured in car accidents. If you team up with us, we will make recovering compensation for you and your family our priority. Our personal service blended with over three decades of courtroom experience is why over 7,000 clients trust us with their personal injury cases each year.
We provide most of our legal services on a contingency-fee basis, along with a free initial consultation. To find out more about how we can help, call (877) 239-4878. You can ask us any questions that you may have about your situation, including whether fault can be shared in a car accident.