Proving Fault in a Serious Texas Car Wreck Case
- May 9, 2013
- Car Accidents
If a serious car crash results in wrongful death or severe injuries, you probably want to consult a Texas car wreck attorney to understand what you should and should not do. What is at stake is not just the amount of your claim, but also whether or not you will be entitled to compensation at all.
How do you know if you are entitled to compensation in the case of a serious Texas car crash?
Filing a claim for damages suffered in a car crash starts with the question of who is at fault.
There are a number of important factors that will greatly influence the determination of fault and your chances of receiving compensation:
Immediate action: After the accident, make sure not to make any declaration stating who or what caused the crash. Keep everything to yourself, and collect the names and details of all potential witnesses. Have someone take pictures of all the vehicles involved from various angles and distances, including the roadway and infrastructure.
Investigation: In some cases, an investigation has to be made to uncover elements that weaken the defendant’s arguments or strengthen yours in establishing causation. This could involve an accident reconstruction expert or the gathering of information about the other driver’s traffic violations, use of mobile phone while driving, speed at impact, or car maintenance.
Shared fault: Many cases are not clear-cut, and you may have had your share of responsibility in the accident. Was the car inspection overdue? Your brake lights didn’t function? You were riding over the speed limit? Did you fail to signal your left turn? In Texas, establishing comparative fault is crucial. You can only recover damages if your fault in the crash does not reach 51 percent. When the settlement is awarded, your recovery will be reduced by the percentage of fault attributed to you.
Third party fault: Some accidents are not caused by any driver, but rather are caused or aggravated by a product or road infrastructure defect resulting from faulty design or negligence. A malfunctioning airbag, deficient tires, inadequate signage, or a sinkhole in the roadway may have contributed to your crash, and someone can be held liable for it.
Make sure that you contact the Dallas-based office of Guajardo & Marks with your questions and details of your accident. Call us today at (972) 774-9800, or send us an email for a FREE discussion of your case.