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Car accidents are an unfortunate reality on Texas highways, and determining fault is an important part of any accident claim. Whether you are dealing with minor fender benders or serious accidents, understanding how fault is determined in Texas can have a big impact on your ability to recover damages. At Tate Law Offices, we specialize in helping accident victims navigate the complexities of Texas car accident laws. In this article, we will go over all you need to know about fault, negligence, and how to protect your rights following an accident.
Understanding Fault and Negligence in Car Accidents in Texas
In Texas, fault is a key factor in determining who is responsible for an accident and, consequently, who is liable for damages. Texas uses a fault-based system, which means that the at-fault driver (or their insurance company) is responsible for covering the costs of injuries and property damage caused by the accident.
To establish fault, you must show negligence. Negligence occurs when a driver fails to use reasonable care, resulting in an accident. Speeding, running red signals, driving while distracted, failing to yield the right of way, and driving under the influence are all examples of negligence.
How Comparative Negligence Works in Texas
Texas follows a modified comparative negligence rule. This implies that your compensation might decrease if you bear a portion of the accident’s blame. However, you will not be able to recover damages if your accountability exceeds 50%. This rule emphasizes the significance of quickly acquiring evidence and establishing the other party’s negligence.
Who Determines Fault in Auto Accidents in Texas?
Insurance adjusters, law enforcement, and in some instances the court system help determine fault in an auto accident. Liability is established in part by police reports, eyewitness testimony, video footage, accident reconstruction, and physical evidence from the accident scene.
What Can You Do to Help Prove Fault After an Accident in Plano, Texas?
If you’ve been in a car accident in Plano, Texas, following the appropriate measures straight away will help you prove fault and preserve your rights. Here’s how you can help prove fault after an accident:
- Call the Plano Police Department: Always report the accident to local law enforcement. A police report is a valuable piece of evidence that can provide an official explanation of what occurred.
- Document the Scene: Photograph the vehicles, injuries, and surrounding area, including any traffic signs, road conditions, or skid marks. Plano weather can sometimes cause accidents; therefore, documenting road conditions is very crucial.
- Gather Witness Information: If other drivers or bystanders witnessed the collision, acquire their contact information. Witness testimonies can be quite useful in demonstrating fault.
- Seek Medical Attention: Even if you are feeling fine, go to a nearby Plano healthcare professional. Some injuries, such as whiplash or concussions, may not produce symptoms immediately.
- Keep Records: Save any medical bills, repair estimates, and other accident-related paperwork. This includes receipts for all out-of-pocket expenses.
By taking these steps, you can build a strong foundation for your claim and ensure that fault is accurately determined.
How Can a Plano Personal Injury Attorney Help You Recover Damages?
Navigating the aftermath of an automobile accident in Plano, Texas, can be difficult, especially when dealing with insurance companies and determining liability. A qualified Plano personal injury attorney can be your most powerful ally in obtaining the compensation you deserve. Here’s how Tate Law Offices may help.
Local Knowledge
We understand Plano’s roads, traffic patterns, and local regulations, which will help you construct your case. Whether your accident happened on Preston Road, near Legacy West, or at a busy intersection, we know how to investigate and obtain critical evidence in the region.
Thorough Investigation
We will work with local authorities, witnesses, and experts to reconstruct the accident and prove negligence. This includes obtaining surveillance footage from nearby businesses or traffic cameras, if available.
Proving Negligence
We will gather all available evidence, such as police reports, medical records, accident scene photos, and witness statements, to build a compelling case on your behalf.
If you or a loved one has been involved in a car accident in Plano, don’t wait to seek legal help. Contact Tate Law Offices today for a free consultation and let us help you secure the compensation you deserve.
