When you’re hurt in an accident in Texas, determining fault is crucial. I’ve seen many cases where it can make or break a claim. Barrera Law Group LLC are experts at navigating Texas injury law. In Texas, we use comparative negligence to decide who’s responsible. This means more than one person can be at fault, and your compensation depends on your share of the blame.
Let’s say you slip and fall in a store. The store might be mostly at fault for having a wet floor, but you might also be partly to blame if you were looking at your phone. In this case, both you and the store would be assigned a percentage of fault. If you’re found to be 20% at fault, you’d only get 80% of the total damages.
Texas law allows you to get money even if you’re partly at fault, as long as you’re not more than 50% responsible. This is why it’s so important to gather evidence and build a strong case. Things like witness statements, photos, and police reports can all help show who’s really to blame.
Key Takeaways
- Texas uses comparative negligence to assign fault in injury cases
- You can still get compensation if you’re less than 51% at fault
- Strong evidence is crucial for proving who’s responsible and winning your case
How to Understand Fault in Texas Personal Injury Law
Fault plays a key role in Texas personal injury cases. It affects who is responsible for damages and how much compensation an injured person can get. Let’s look at the main parts of determining fault.
Duty of Care and Breach
In Texas, everyone has a duty to act reasonably to avoid hurting others. This is called the duty of care. If someone doesn’t meet this duty, they’ve breached it. For example, drivers must follow traffic laws and pay attention to the road. If a driver texts while driving and hits someone, they’ve breached their duty of care.
Proving a breach can involve showing the person didn’t follow laws or safety rules. I might need to get evidence like police reports or witness statements. The specific duty can change based on the situation. A doctor has a different duty than a store owner.
Causation and Harm
For a valid claim, I must show the breach of duty caused harm. This means proving the injury wouldn’t have happened without the other person’s actions. It’s not enough that someone acted carelessly – their actions must have directly led to the injury.
I also need to show actual harm occurred. This could be physical injuries, property damage, or other losses. Medical records, bills, and expert testimony can help prove this. The harm must be a foreseeable result of the breach. If the connection is too remote, it might not count.
Comparative Fault and Negligence
Texas uses a modified comparative fault system. This means fault can be split between parties. If I’m found to be more than 50% at fault, I can’t recover damages. If I’m 50% or less at fault, my compensation is reduced by my percentage of fault.
For example, if I’m 30% at fault in a car crash, I can only get 70% of the total damages. This system aims for fair compensation based on each person’s role in the accident. It’s crucial to minimize my own fault to maximize my recovery.
What Is the Role of Evidence in Proving Fault?
Evidence is key in determining fault for a Texas injury case. Strong proof can make or break a claim. Let’s look at the main types of evidence used.
Police Reports and Traffic Laws
Police reports are very important for proving fault. When cops come to a crash, they write down what they see and hear. This report has details about the accident scene, driver statements, and if anyone broke traffic laws.
I find police reports helpful because they’re official records. They note things like skid marks, damage to cars, and road conditions. The report may also say if a driver got a ticket. That can show who was at fault.
Traffic laws matter too. If a driver ran a red light or was speeding, that’s evidence they were careless. Knowing the rules of the road helps figure out who messed up.
Witness Statements and Expert Testimony
What other people saw can really help prove fault. Witnesses can tell what happened before, during, and after a crash. Their statements add to the evidence.
I’ve seen cases where witness accounts made a big difference. They can back up what a victim says or show that the other driver was reckless.
Expert witnesses also play a part. These are pros who know a lot about crashes. They can explain complex issues to a jury. An expert might talk about how fast a car was going or if brakes failed.
Doctors can be expert witnesses too. They explain injuries and how they happened. This helps link the crash to the harm caused.
Photographs and Accident Reconstruction
Pictures are worth a thousand words, especially in injury cases. Photos of the crash scene, car damage, and injuries are strong proof. They show what really happened.
I always tell people to take lots of pictures after an accident. These images can reveal:
- Where the cars ended up
- Damage to vehicles
- Skid marks on the road
- Weather conditions
Accident reconstruction is another tool. Experts use math and physics to figure out how a crash occurred. They look at all the evidence to make a model of the accident.
This can show things like:
- How fast cars were going
- The impact angle
- If someone braked in time
Insurance adjusters and lawyers use this info to decide who’s at fault. It can be very convincing in court.
Legal Representation and Case Management
Hiring an attorney and managing a personal injury case in Texas involves several key steps. A lawyer can guide you through the complex legal process and work to get fair compensation for your injuries.
Hiring a Personal Injury Attorney
I recommend finding an experienced personal injury lawyer to handle your case. Look for an attorney who specializes in car accidents and injury claims in Texas. Ask about their track record of settlements and trial verdicts.
Many offer free consultations to review your case. Bring any evidence you have, like photos, medical bills, and the police report. The lawyer can explain your legal options and how they would approach your case.
Navigating the Legal Process
Once I hire an attorney, they’ll start building my case. This includes:
- Investigating the accident
- Gathering evidence and witness statements
- Handling all communication with insurance companies
- Filing necessary legal paperwork
My lawyer will advise me not to give any recorded statements to insurers without their guidance. They’ll work to prove the other party was at fault and calculate the full extent of my damages, including medical costs and lost wages.
Reaching a Resolution
Most personal injury cases in Texas settle out of court. My attorney will negotiate with the insurance company to reach a fair settlement. If we can’t agree, we may need to file a lawsuit. The case could then go before a judge or jury.
At trial, my lawyer will present evidence showing the other party’s fault and the impact of my injuries. They’ll argue for compensation for my medical bills, lost income, and pain and suffering. Having skilled legal representation increases my chances of a favorable outcome, whether through settlement or verdict.