Auto Accident Lawyer in Texas: Understanding Fault and Personal Injuries

While negligence laws vary between states, to establish fault in a car accident you generally need to show four elements:

The other driver owed you a duty of care.
The other driver breached that duty of care.
This breach caused your injuries.
You suffered losses as a result of your injuries.


Evidence such as witness statements, police reports, photographs, medical reports, and receipts may support your claim to an at-fault driver’s insurer or personal injury claim in court.

HOW IS FAULT USED AS A DEFENSE IN TEXAS CAR ACCIDENT CLAIMS?

The issue of fault in a car accident is often not a black-and-white one. Both parties’ actions may have contributed to it.

When you make a claim against an at-fault party’s insurer or file a personal injury claim in court, insurance companies often allege your negligence contributed to the accident. This is to reduce their financial liability or even bar you completely from receiving any compensation.

Insurance companies do this by raising either contributory or comparative negligence. The defense available to them depends on the law of the relevant state.

COMPARATIVE FAULT

Comparative fault, or comparative negligence, is a partial defense used in personal injury cases. If both parties were at fault for an accident, the court allocates their responsibility in terms of a percentage and apportions the damages accordingly.

For example, one driver changes lanes suddenly without looking and is hit by a speeding driver. Both drivers are at fault. If the first driver files a personal injury claim and the court finds their actions contributed 40% to the accident, then their damages are reduced by 40%.

CONTRIBUTORY NEGLIGENCE

Contributory negligence is a full defense to a personal injury claim. Under the contributory negligence rule, a plaintiff is barred from recovering any damages if they contributed to the accident in any way. So even if a judge or jury finds the accident was only 1% the plaintiff’s fault, they can’t recover any of their financial losses.

A lawyer can assist you to prepare your claim, including collecting the necessary evidence to prove the other driver was at fault. When allegations of contributory fault are made against you, a lawyer will work to disprove those allegations. They can also help you negotiate a settlement that adequately compensates you for your losses, and when that doesn’t happen, they can take the matter to court.