Who Is at Fault for My Fort Worth Car Accident?
From the initial irresponsible act that caused it to the vehicles involved coming to a stop, a typical car accident in Texas takes just a few seconds to begin and end. In that short time, the people involved may suffer serious and even life-threatening injuries that result in extensive physical, financial, and psychological losses—and the only way to make someone else pay for those losses instead of you or your insurance provider is to prove that they were the one to blame for the crash in the first place.
Answering the question of who is at fault for a Fort Worth car accident can be deceptively challenging, especially if you try to do it all by yourself. Here are some frequently asked questions about how “fault” works in the context of car accident claims and what assistance a seasoned car wreck attorney could provide you throughout the legal process.
What Is “Negligence” and How Does It Affect Car Crash Claims?
Like most other personal injury cases, civil claims over car accidents in Fort Worth are usually built around the legal theory of “negligence.” Every driver has roughly the same “duty of care” under state law, requiring them to obey traffic regulations and act responsibly on the road. Anyone who causes a crash resulting in injury because they “breached” that duty is legally “negligent” and can be held liable for ensuing damages based on that negligence.
Importantly, neither state law nor state courts concern themselves with how “severe” a person’s negligence is, so someone who causes a wreck by getting distracted just for a moment is equally “negligent” as someone who causes a wreck specifically by breaking a traffic law. The only rare exception is if someone causes an accident through extremely egregious negligence or intentionally malicious conduct, in which case a court may impose “punitive damages” against that person specifically to punish them for their actions.
What Evidence Will I Need to Prove Someone Else at Fault for a Wreck?
While each case is different and may require different types of information to establish civil fault under the principles of negligence, evidence that is often valuable when pursuing a car accident claim in Fort Worth includes:
- Eyewitness testimony
- Surveillance/dashboard camera footage
- Medical records detailing injuries caused by the crash
- Photos/videos of the crash scene, vehicle damage, and injuries
- The accident report created by police officers who responded to the scene
A qualified car accident lawyer could provide vital assistance with collecting, preserving, and making good use of all available evidence pertaining to a particular wreck.
How Could “Comparative Fault” Impact My Case?
Suppose a person injured in a car accident was partially at fault for causing that accident through their own negligence. In that case, a court may assign them a percentage of “comparative fault” and either proportionally reduce their final damage award or bar them from recovery altogether if they hold most of the total fault. Insurance companies will usually reduce settlement offers based on the same logic since they know a court will back them up if need be, so it can be very important to proactively contest allegations along these lines with help from experienced legal counsel.
A Fort Worth Attorney Could Help Determine Who Is at Fault for Your Car Accident
Anyone with additional questions about who is at fault for a Fort Worth car accident and what their legal options may be can get the information they need during a conversation with a capable car wreck lawyer at our firm. Call today to schedule a meeting.