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Car Accidents

Who Is Really Liable for Your Car Accident?

By January 4, 2021January 13th, 2021No Comments

Car accidents are quickly becoming a leading cause of injury and death in the United States, but Texas, in particular, is noted for having one of the highest rates of fatal traffic accidents over the last few years.

Getting injured in an automobile accident is no small affair. Depending on the severity of your injuries, you could be up against a lifetime of pain and suffering. 

Indeed, many Austin residents who have traumatic brain injuries, spinal injuries or multiple broken bones from car accidents may find it impossible to walk, earn a living or complete other daily tasks without special assistance. 

As you can imagine, the long term costs are significant. If your accident was not your fault, however, you may be entitled to compensation with the help of Texas personal injury attorneys like our team at the Stewart Law Firm.

Liability in Texas Accidents

A personal injury lawsuit to recoup car accident damages, no matter what the circumstances, usually boils down to negligence. 

Other than making sure all the victims of the crash have received appropriate medical care, determining who was negligent, and therefore liable, in a crash is always the first order of business. 

Usually, police reports and police investigations can help in determining if another driver’s negligence and/or unlawful behavior are to blame for a particular accident. However, in cases that involve automobile manufacturer or automobile part manufacturer negligence, police might not identify exactly what was to blame for the crash.

You can help build your case and build a picture of the accident for the police report by collecting evidence at the scene:

  • Take pictures of everything: your injuries, your passengers, both vehicles, the location, etc.
  • Gather witness statements and write down their contact information
  • Write down or record everything you can remember about the crash as soon as possible

How is Liability Determined in Texas?

If the other driver in your accident is found to be completely at fault, your case should go pretty smoothly. However, when more than one party is found to blame, Texas follows a “modified comparative fault” rule. 

This means that the plaintiff’s damages award is reduced by a percentage equal to his or her share of fault. For example, let’s say the total damages to be paid equals $50,000, but it’s concluded that you, too, are partially at fault for the accident. If the court determines that you are 40% at fault, under Texas law you are only entitled to get 60% of the $50,000 damages award, or $20,000. 

However, if you are found to be more than 50% at fault for the crash, Texas law dictates that you should not receive any compensation. 

Speak with your personal injury attorney for more details about how these liability laws could affect your case.

Hiring an Austin Personal Injury Attorney to Help

At the Stewart Law Firm, we look at all possible angles that could have caused an accident and its resulting injuries or death. 

We look for issues that can serve to cause an accident or worsen the injuries associated with an accident, such as:

  • Defective child car seats
  • SUV rollovers
  • Unsafe vehicle roof designs
  • Unsafe vehicle seats
  • Defective fuel systems
  • Defective ignition devices
  • Crashworthiness of a vehicle’s design overall
  • Unsafe tires
  • And other problems and defects

Dealing with a negligence-related injury is undoubtedly one of the most stressful situations a person can experience. That’s why our team is dedicated to helping injured individuals seek justice.

Contact the Stewart Law Firm Today

The Stewart Law Firm, PLLC has helped numerous individuals in the Austin area recover financial compensation to pay for the costs relating to their serious car accident injuries.

We have helped people who were injured due to the negligence of other drivers and we have helped people who were injured due to faulty and defective automotive equipment and vehicles. Contact us today to learn more.

HOW TO COLLECT EVIDENCE AFTER A CAR ACCIDENT