When a car accident happens, someone will be found liable or at fault. Determining fault involves identifying the party whose negligent actions caused the accident. This negligent party is, thus, responsible for any injuries, property damage or even deaths that are directly attributable to the accident.
However, establishing fault can be difficult sometimes. This is especially true when an accident involves multiple parties. Here’s what you should know:
The basics of establishing fault
To prove fault in a Texas car crash, you will need to do so by what’s known as preponderance of the evidence. Basically, this means that you will need to prove that your account of events is more correct than the other motorist’s.
In other words, you will need to prove that the other party breached their duty of care towards you. Perhaps they were reckless, failed to follow traffic signs or were driving under influence. Upon establishing negligence, you will need to prove that their negligent actions were directly responsible for your injuries.
Understanding Texas negligence laws
Texas applies something known as “modified comparative negligence” or proportionate responsibility standard. This statute allows you to pursue damages following a car accident provided that your contribution to the accident does not exceed 50 percent. Modified comparative negligence law reduces the compensation award based on your percentage of fault. For instance, if the court awards you $100,000, and it is established that you were 20 percent responsible for the accident, then your final compensation amount will be $80,000.
Texas also has a rule known as the “51% threshold.” This rule means that you will not be entitled to any compensation if your contribution to the accident is 51% or more.
A car accident can leave you with serious injuries and expensive damage to property. Find out how you can safeguard your rights and interests while pursuing damages after a car accident.