In Texas, dealing with the fallout from an automobile accident can be extremely difficult, especially if you were found to be at blame. It is crucial to understand how to win an at-fault accident, and doing so effectively calls for the appropriate plan of action and a solid understanding of Texas law. If you find yourself in this unfortunate situation, here at the Monsour Law Firm in Longview, TX we frequently work with clients in these painful situations. From understanding your legal rights to building a strong defense, we are committed to securing outcomes that protect your future.
In Texas car accidents, the fault is distributed after considering multiple pieces of information, including police reports, eyewitness testimony, and analysis and investigations done in the interest of the insurance companies. This is because the state has a modified comparative negligence law, which means the driver is entitled to recoveries as long as one is not more than 50% at fault. For example, if you determine 40% fault, you recover 60%.
According to the Insurance Information Institute, understanding the different fault systems is important for insurance claims and legal liability and damages. Further, focus on applicable issues such as driver behavior, road conditions, and traffic violations may significantly impact how a fault issue is resolved.
The Texas law, according to the Independent Insurance Agents of Texas, is controlled by the proportionate responsibility statute under Chapter 33 of the Texas Civil Practices and Remedies Code. Under this statute, each person is assigned a percentage of the blame according to their respective roles in the accident. For example, if a party was found to be 25% at fault, their payout may be reduced.
Thus, the law ensures that the proportion of liability and damages will be fairly apportioned, requiring people to reduce their proportion of fault by solid, well-documented proof, such as police reports or accident reconstructions.
Police reports are crucial to establishing fault since they contain officer observations and fines issued at the site. Insurance carriers conduct their investigations as well to determine fault. The Local Government Insurance Trust’s claims manual identifies how critical documentation is at each step of the claims handling process since mistakes or omissions in these reports are often required to be challenged in an effort to set aside an adverse determination.
Proper evidence may include photographs of the accident scene, vehicle damage, the state of the road, eyewitnesses, and medical evidence. By documenting, you have a strong building block on which you may premise your challenge.
In addition, working with an experienced attorney guarantees that you are always taking advice relevant to your case. They use their experiences to weaken the other party’s case by finding weaknesses, while they will find facts about you that you may not even know to help your case.
Adjusters are trained to listen very carefully for inconsistencies in statements or any type of admission of fault, either one of which attempts to minimize payouts. This means correctly providing the facts to defend your claim without pointing fingers. Recorded statements could be used against you; consult your attorney before giving any.
Based on information from AutoInsurance.com, by signing documents or agreeing to things with adjusters too quickly, you may accept blame or a lower settlement offer than what you are entitled to. Where all correspondence is correct and legally verified, costly mistakes can be avoided.
It is the responsibility of every motorist to drive their car responsibly. Claims against you are reduced if you can show you met this burden. For example, driving at a safe speed and obeying traffic laws will show that you met the burden.
The story of fault is varied when the acts that constituted a breach, such as speeding or failure to stop at traffic lights, are pointed out. Other possible breaches include failure to yield at an intersection or driving inattentively.
You must be able to prove that, indeed, the accident was actually caused by the negligence of the other party. This element may be proved through evidence such as eyewitness accounts, expert testimony, and studies regarding accident reconstruction.
Your case of compensation might be stronger if you can document all your financial losses that have occurred due to the accident, including lost wages, medical records and expenses, and repair costs.
You may be held responsible for statements you make at the scene of the accident. Remain calm and restrict conversations to sharing insurance and contact details. Any statement you make could be taken as an admission of guilt in the future.
Seeking medical attention as soon as possible is not only essential for your health but also for establishing that the accident was the source of your injuries. Due to gaps in your medical records, treatment delays may make your claim less strong.
Statements that are recorded may be altered or misunderstood. Before speaking with insurance reps, always get legal advice. You can write truthful and non-incriminating statements with the assistance of an attorney.
Disputes can be settled out of court by using these alternative dispute resolution techniques. While mediation involves discussions guided by an unbiased third party, arbitration allows for the making of a legally binding conclusion. Both are faster and less expensive than litigation.
By going to court, you can let a judge or jury determine who is at fault and provide you compensation in the form of damages. You should only do this if you have a strong legal team to support your position.
If you have any issues regarding the determination of fault, we are here to help you. Contact our Longview office at 404 North Green Street, Longview, TX 75601, or call us at (903) 999-9999 for a free consultation.
Douglas C. Monsour, or Doug Monsour, is a trial lawyer who handles important and significant injury cases in Texas and across the nation. He is one of a handful of trial lawyers who have successfully tried multiple pharmaceutical, medical device, and mass tort product liability cases as the lead lawyer. He also vigorously represents injured oil field workers, victims of 18-wheeler wrecks, industrial accident victims, and those that have been severely burned.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Monsour who has more than 20 years of legal experience as a personal injury attorney.
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