Across the U.S., the standards and expectations following a car accident in Texas can differ slightly. For example, if you live in an at-fault state, you may be motivated to collect evidence of the crash in efforts to disprove automatic liability. In a no-fault state, however, you may be found partially liable or not at all, in which case, you would still need documentation and evidence to demonstrate your need for compensation. Texas is a no-fault state, so, as the victim, you must be prepared to either be assigned partial liability or none at all. If you’ve recently been involved in a car accident in the Lone Star State, experienced Dallas car accident lawyers are able to provide everything you need to know about the process of determining liability.
How is Liability Determined in Texas?
When you suffer from injuries due to a car accident in Texas, you can expect liability to be determined primarily by a thorough examination of the overarching legislation and safety standards imposed on drivers in the state. Your lawyer will evaluate which laws the negligent driver was in violation of and determine the appropriate route of action from there. This evaluation will be conducted in consideration of the damages and injuries inflicted upon you, as the victim, as well. This process can be relatively streamlined with legal help when there is only one negligent party.
However, if it is found that there are multiple individuals responsible for the crash, the case will then be one of split liability. With split liability, all guilty parties are responsible for covering the resulting damages. Fortunately, most cases are not contested in terms of liability when a strong foundation of evidence supports them. It is from this point that the case will proceed to the negotiations for a settlement.
Before you reach the settlement phase of the legal process, however, there are five crucial steps you must take to finalize liability:
- Prove that the negligent driver had a duty of care to you. Each driver that operates their vehicle on public Texas roads has a duty of care to all other drivers sharing that road. This means that they are legally required to drive and behave in a way that is safe for all traffic and pedestrians.
- Prove that the negligent driver violated this duty of care. You must demonstrate that the defendant legally breached this duty with their irresponsible actions or negligence.
- Prove that the breach of this duty was the direct cause of the incident. Once you have proven that the actions of the driver were, indeed, a violation of their duty of care, you must also demonstrate that these actions were the direct cause of your accident and damages.
Proving Liability with the Help of a Lawyer
Collecting the necessary evidence to prove that each of these factors can be quite difficult. This is especially true in complex cases wherein multiple people and vehicles were involved, or if a commercial vehicle was the cause of your collision. These efforts can be made significantly easier with legal assistance. By getting in contact with a car accident lawyer today, you will notably improve your chances of developing a strong case in your favor. Having the support of a lawyer will dramatically improve the strength of your case, and ensure that you get the proper compensation for your recovery after the crash.
