In the traumatic aftermath of a car accident, your first priority is your physical health and safety. Injuries are painful and frightening. But after the shock dissipates and you’re faced with the prospect of medical treatment and a lengthy recovery period, anxiety surfaces about the financial aspects of a car accident in Austin. How do you recover compensation for damages like medical expenses and lost wages as well as the damage to your vehicle?
Under the Texas comparative negligence insurance laws, it matters who caused the accident. Determining fault for the accident is essential for a compensation claim.
How Does Comparitive Negligence Work In an Austin Car Accident Claim?
Texas is a fault-based insurance state that allows car accident victims to recover compensation from an at-fault driver’s insurance rather than their own policy—which they carry to cover their liability if they cause an accident with injuries to someone else. Texas §33.001. states:
“A claimant may not recover damages if his percentage of responsibility is greater than 50 percent.”
Even if you contributed to the cause of the accident, you can still recover compensation as long as you are less than 50% at fault; However, your percentage of fault for the accident is subtracted from your compensation. For example, suppose you are rear-ended by a distracted driver at a stop sign. It may seem clear that they are responsible for the accident. But what if their insurance company’s investigation reveals that one of your brake lights was out? They could determine that the missing brake light contributed to the accident and assign you 20% of the fault. If your car accident damages add up to $100,000, they only have to pay you $80,000.
What If I Disagree That I Contributed to the Accident?
An insurance company reviews the available evidence to determine each driver’s percentage of fault for an accident in Austin or elsewhere in Texas. Unfortunately, they have a significant incentive to find an injury victim partly at fault for the accident so they can reduce the amount they have to pay on their claim. The best way to counteract this tactic is to hire our experienced car accident lawyers in Austin to investigate all aspects of the accident by examining evidence such as the following:
- The police report
- Any photos or traffic camera/surveillance videos
- Eyewitness testimony
- Photos or medical images of the injuries
- The report of an accident reconstruction specialist
An Austin car accident lawyer protects their client’s rights and defends their best interests by compiling evidence of liability to make a compelling case to the insurance company for the maximum compensation available.
Meeting the Legal Standards for Liability After an Austin Car Accident
Proving fault for a car accident requires showing evidence of liability. This includes proving the following:
- The at-fault driver owed a duty of care to take all reasonable measures to avoid causing an accident
- They breached this duty through negligent or reckless action
- Their breach of duty caused the accident and injuries
- The injury victim suffered significant damages from the accident, like medical expenses, lost income, and pain and suffering.
In some cases, multiple entities could share liability. For instance, if a negligent road crew left debris on the road, but another driver swerved to avoid running over the debris and caused a collision with your vehicle. In this case, you could recover compensation from both responsible parties.
If you or someone you know has sustained serious injuries in a car accident, our Austin personal injury attorneys can help you file a claim. Contact us today.