Car Accidents

Fault and Liability For Car Accidents

Posted by Trent Kelly on January 29, 2022
Fault and Liability For Car Accidents

When there is a car accident, one of the drivers is generally responsible and most likely liable for damages. Liability is the legal concept of being responsible, and determining liability is generally necessary before damages can be awarded. When determining liability after you’ve been in a motor vehicle accident, you’ll likely want an experienced Austin car accident lawyer to assist you.

Texas Fault Laws

Like many other U.S. states, Texas has a fault insurance system. In a fault system, the driver who is most responsible for causing the accident will be financially responsible. Therefore, in Texas, those injured in an accident must seek compensation from the driver at fault for the accident. Texas law requires all drivers to have certain insurance coverages to help pay for expenses in the event of a fault accident. However, before you can recover damages from a driver’s insurance, you will likely have to prove that the driver was, in fact, at fault.

Read more: Is the Rear Driver Always at Fault for an Accident?

Common types of proof of fault include:

  1. Eyewitness statements
  2. Police reports
  3. Photographs of the accident
  4. Medical records

Who can be held liable for a car accident?

When a car accident causes injury, there are several parties that may be liable:

  1. The other driver: The most common party to seek damages from in an accident is the other driver. If the driver who hit you was negligent and that negligence caused you injury, the driver can be held financially responsible.
  2. An employer: If the other party involved in the accident was being paid to drive (for example, a commercial vehicle driver), you may have an employer liability case. Employers have a duty to hire safe, well-trained drivers and to properly supervise those drivers.
  3. Car manufacturers: If a design defect directly contributed to the accident that caused you injury, you may also be able to sue the car manufacturer.
  4. State of Texas: The State of Texas has a duty to ensure the roads are safe. If a road condition such as poor drainage, potholes, or road design problems caused your accident, the state may be held liable.

Read more: How To Prove Fault In A Car Accident

What damages can I recover from a Car Accident?

Car accidents can be very serious. If you were in an accident in Austin, it’s very likely that you or your loved one suffered an injury and may be able to recover damages. Common damages that may be available include:

  • Property damage
  • Past and anticipated medical bills
  • Lost wages and loss of future earning capacity
  • Pain and suffering

You can even recover these damages if you are partially at fault. Texas is a modified comparative negligence state, which means that if you are partially at fault, you may still recover partial compensation.

Contact an Austin Car Accident Attorney

If you or a loved one has been injured in a motor vehicle accident, we can help. Reach out to our experienced Austin car accident lawyers for a free consultation. The attorneys at TK Injury Lawyers can fight for your rights and help you get the compensation you deserve.

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