Car accidents on Texas highways are everyday events leaving car accident victims questioning who will cover the damages they suffer. Automobile repairs and personal injuries can produce insurmountable debt, leaving car accident victims in a helpless state of uncertainty.
Fault must be determined in a car accident, requiring the negligent party to pay for damages, but who determines fault? Often, drivers feel they were attributed more responsibility than they deserve in an accident, or the settlement offered by the insurance company does not come close to covering the bills that continue to arrive each day. Speak with Corpus Christi car accident lawyer John Flood to discuss the fault in your car accident and what financial compensation may be available to you to cover your damages.
Determining Fault in a Texas Car Accident
In Texas, at-fault laws apply to accidents and auto insurance. When an auto accident occurs, most drivers think fault is determined by law enforcement, but their role at the accident scene is for safety and to give a professional opinion on the events of the crash. It is up to the drivers’ insurance representatives to determine fault for the wreck.
It is the accident victim’s responsibility to prove they were less than 51% at fault for the crash, in order to overcome modified comparative negligence. Additionally, a percentage of fault is determined, and the victim’s compensation can be reduced by their percentage of fault, if they hold any. This method of assigning fault can pose challenges for Texas drivers when trying to receive fair compensation from the negligent driver’s insurance company.
Proving Fault in a Texas Car Accident
The injured driver must prove several elements to show that fault should be placed on the other driver. Those elements include:
- The at-fault driver was legally obligated to abstain from careless acts that led to negligence.
- The at-fault driver’s operation of the vehicle failed to be consistent with how other drivers under similar situations would maneuver a car.
- The at-fault driver’s actions lead to the accident.
- Documentable injuries, damages, and loss resulted from the at-fault driver’s action.
The types of negligence contributing to Texas car accidents vary significantly. Negligent actions resulted in over 244,000 motorists being injured on Texas highways, according to recent statistics, with accidents in Corpus Christi accounting for almost 8,000 of our state’s reported incidents. What are the common forms of negligence on Texas highways that lead to car accidents?
- Speeding
- Distracted driving
- Driving under the influence (DUI)
- Aggressive driving
- Changing lanes
Proving any one of the four main factors in a negligence claim can take time and require extensive investigation.
Supporting Evidence in Texas Car Accidents
Injuries may prevent a driver from collecting evidence after a Corpus Christi car accident. Always consider your health first to avoid further damage. If you, a passenger, or a witness are capable, collect the following information to support your damages claim resulting from a Texas car accident:
- A police report
- Pictures of the accident, including your injuries, any vehicles involved, and any contributing factors, such as large puddles on the highway
- Note the weather conditions that day and document weather events with photos
- The contact information of the driver, including their insurance information and the license plate number on the vehicles involved
- If the accident involves a commercial vehicle, the name of the company the driver works for and the contact information of the responsible party for the company
- Any medical bills related to your injuries
- A personal written statement about the events of the accident as you remember them soon following the accident while memories are fresh
There can never be too much evidence to support your claim.
Fault and Insurance Companies
With insurance companies responsible for determining fault in an accident, Texas drivers can face complex challenges in recovering compensation. Sympathetic insurance adjusters patiently listening to your accident details can take your statements and draw a different conclusion that places more fault on you, reducing the amount of compensation for your claim.
John Flood is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization (TBLS), possessing an in-depth knowledge of the rights of Texas accident victims, never allowing an insurance industry to deprive an injured car accident victim of the compensation they deserve.
Your Corpus Christi car accident attorney will negotiate with insurance agencies concerning compensation, communicating with them on your behalf to prevent your statements from being used against you. The first settlement offers an insurance carrier makes to any victim rarely reflect the damages that a victim suffered.
If negotiations become stalled in a car accident claim and the insurance company fails to contribute the appropriate amount of fault to their driver, a personal injury lawsuit may be necessary to recover appropriate compensation. Most insurance companies will try to avoid legal action, and a Texas car accident attorney is beneficial in aggressive negotiations.
Determining Fault in the Courts
When filing a Texas car accident lawsuit, the judge and / or jury will review the evidence supporting your claim and make decisions accordingly. Trial evidence that may be presented by a Corpus Christi car accident attorney includes but is not limited to:
- Dashcam video evidence and security footage: Recordings are not kept indefinitely and must be secured before erasure
- Expert witness testimony
- Safety and maintenance records of the driver and vehicle
- Cell phone records to determine if distracted driving played a part in the car accident
- Witness testimony
The courts require victims of car accidents to file a lawsuit within two years of the date of the crash. Filing past that date will likely result in your case being dismissed. Few exceptions to this rule apply.
Work With a Dedicated Car Accident Attorney in Corpus Christi
Unlike many attorneys, John Flood travels the roadways of Corpus Christi like other Texans and understands the dangers on busy highways and in crowded intersections. Adequately proving fault in a Corpus Christi car accident means the difference between minimal or no compensation and compensation that appropriately covers a car accident victim’s damages. A free consultation with a car accident lawyer allows you to address critical questions about personal injury claims and be reassured that trusted legal support is available when you need it most. Contact us to see how we can help with your case.
