Responsibility is an integral part of our everyday lives. We are responsible for making decisions, to take care of those we love, to fulfill our job duties, and act as an honorable citizen. As a resident of the United States, you, and the other citizens who live around you are responsible for following federal and state laws including the rules of the road. However, in regards to automobile accidents, determining who should be held accountable for a crash can be challenging work.
Whose Fault Is It?
With over 15,000 car crashes happening on the daily, determining liability in some cases is guaranteed to be easier than others. If one of those involved in the crash were disobeying traffic laws when the accident occurred (driving under the influence, running a red light, texting and driving, speeding), he or she would likely be found responsible for the accident. However, not every accident involves the breaking of the law, and under these circumstances, how is liability determined?
Generally speaking, the driver of a car that strikes another vehicle is found at fault when an accident occurs. For example, the general rule of thumb in liability is that a driver that rear-ends another is found at fault for the crash. However, Texas is a comparative negligence state, which means liability in Texas is looked at from both points of view before determining negligence. Once values are determined, a lawsuit outcome will reflect the percentages of liability. For example, in a rear-end situation, suppose the rear-ended driver braked in the middle of an intersection during a green light. If this were the case, a Texas jury would determine both parties partially responsible, as the first driver failed to follow his right of way, and the second driver failed to keep a safe distance from the first. The driver who stopped in the middle of the intersection could be found 40% at fault, while the driver that rear-ended the other could be found 60% at fault. In this scenario, the rear-ender would have to pay 60% of the final verdict to the other driver.
Getting the Help You Need
As you can see, determining liability is not as simple as television shows make it out to be. There are seemingly endless factors that influence the cause of an accident, and many of these elements are entirely out of your control. However, when it comes to picking the right lawyer for your case, that decision rests solely on your shoulders. If you want representation that will help the jury see all aspects of your accident, contact us now for a free consultation concerning your case. This decision can make the difference, so make sure you go with the right choice.