Establishing Liability in Texas Car Accidents

If you were involved in a Texas car accident caused by another party, you may have the right to recover compensation for your damages. To recover compensation, you must first establish that the defendant was liable for your damages.

At Bush & Bush Law Group, our experienced Dallas car accident lawyers have decades of combined experience protecting the rights of car accident injury victims and their families. We know how to investigate your accident to determine all possible causes and all potentially liable parties.

We are also skilled in identifying and collecting the essential evidence necessary to prove causation and liability for your damages. We want to help you recover the full value of your damages and get you the justice you deserve.

Schedule a free consultation today by calling (469) 977-7777 or by completing the short form on our contact page. We look forward to meeting you, answering your questions, and explaining your rights. If we represent you, we will fight tirelessly to recover maximum compensation for you.

How Is Fault Decided in Texas Car Accident Cases?

Most car accident cases in Texas are based on negligence. To establish negligence, you must prove the existence of four elements. They are:

1. The defendant owed you a duty of care. All drivers have a duty of care to operate their vehicles in a reasonably safe manner to avoid injuring others.
2. The defendant breached their duty of care by their negligent actions or inactions.
3. The defendant’s breach of duty caused your injuries.
4. You suffered actual damages caused by the defendant’s breach of duty.

While these elements may seem straightforward, they are often not easy to prove. However, our attorneys know how to establish each element of negligence, prove the value of your damages, and help you recover the compensation you deserve.

In some types of accidents, liability is easier to prove. For example:

• Left-turn accidents. The driver making the left turn is usually, but not always, at fault.
• DUI accidents. When a driver is under the influence of alcohol or drugs, they are almost always found to be liable for the accident.
• Rear-end collisions. When a driver hits another vehicle from behind, they are usually at fault.

Examples of Negligence in Texas Car Accident Cases

To be negligent, a driver must have acted or failed to act in a way that a reasonable driver would have acted in similar circumstances. Some common examples of negligent driving include:

• Drunk or drugged driving. Reasonable people do not choose to drive a motor vehicle when under the influence of drugs or alcohol. Driving drunk or drugged is one of the most reckless actions a person can take.
• Speeding. Exceeding the speed limit puts yourself and all other motorists at a greater risk of harm. Even if you are not speeding, if you are driving too fast for the current weather conditions, you could be found negligent.
• Failure to yield the right of way. When a driver does not obey the right-of-way laws, moves through intersections without checking, or pulls into traffic without checking for oncoming traffic, they can be liable for causing an accident.
• Running red lights or stop signs. Drivers who disobey traffic signals create a danger to other motorists and may be found negligent.
• Distracted driving. Drivers who are distracted by using their phones, adjusting the radio, or doing anything else that takes their mind, eyes, or hands off the task of driving can be found negligent for any accident that results.

At Bush & Bush Law Group, our attorneys will investigate your accident and help identify and prove negligence in your car accident case.

What If I Am Partially At Fault in a Texas Car Accident Case?

Texas follows a modified comparative fault rule. If you are more than fifty percent at fault for the accident, you can not recover compensation for your damages.

If you are fifty percent or less at fault, you can still recover compensation for your damages. However, your compensation will be reduced by the percentage of fault assigned to you.

For example, if you are found to be 30% at fault and your damages total $100,000, you may still be able to recover $70,000 after your percentage of fault is deducted.

At Bush & Bush Law Group, our Texas car accident attorneys work hard to prevent any assignment of fault to you when possible. If you clearly bear some liability, we work diligently to limit that liability.

Our attorneys are committed to helping you recover the maximum compensation for your damages.

Evidence Used To Establish Liability in Texas Car Accidents

The evidence we use to establish liability in Texas car accidents varies. Each case is unique, and so is the type of evidence used to prove your case.

Some common types of evidence we may use include police reports, medical records, photographs and video footage from the scene of the accident, dashcam video, electronic recording devices, eyewitness testimony, and expert testimony.

How Can a Texas Car Accident Lawyer Help Me If I Am Partially at Fault?

In Texas, if you are more than 50% at fault, you will be barred from recovering compensation. When you are 50% or less at fault, you may still recover compensation, but the amount of your compensation will be reduced by the percentage of fault assigned to you.

Because of this, insurance companies and defense attorneys work hard to shift the blame to you. The greater the percentage of fault they can assign to you, the less they will have to pay. And if they can show you are more than 50% at fault, they won’t have to pay you anything.

An experienced Dallas personal injury lawyer will fight hard to avoid having liability assigned to you when possible. If you are clearly partially at fault, your attorney will work to minimize your fault percentage and maximize your recovery.

Consult an Experienced Texas Car Accident Lawyer

If you or a loved one have been injured in a Texas car accident, you may be entitled to recover compensation for your damages. However, you must establish the liability of another party.

Insurance companies and defense attorneys work hard to deny liability and avoid paying your claim. You need an experienced Texas car accident lawyer to help identify the cause of your accident and establish the at-fault party’s liability.

At Bush & Bush Law Group, our attorneys have a proven record of establishing liability and recovering maximum compensation for our clients. We want to do the same for you.Call (469) 977-7777 or visit our contact page to schedule a free consultation to discuss your case.