In some cases, determining fault for car accidents can be a complicated task. For instance, fault may be shared for a collision where a speeding motorist was struck by a driver who was distracted. Further, drivers may share blame for their crash if one was speeding and the other committed an improper left turn.
Thankfully, you can be partially at fault for a car accident in Texas and still pursue payment for your injuries. Texas, like many other states, operates under a system of “modified comparative negligence.” This means that so long as you share of blame is less than 50%, then you will be able to sue for damages related to your car accident injuries.
Get assistance from our Dallas car accident attorneys at The Queenan Law Firm, P.C. today by calling (817) 476-1797.
Sharing Fault for a Car Accident in Texas
As previously discussed, there are several scenarios where motorists can share fault for their accidents. You may be partially at-fault for your accident because you ignored a traffic light, exceeded the speed limit, tailgated another driver, or committed any other form of misconduct behind the wheel. Thankfully, even if you are partially at fault for your crash in Texas, you may still seek financial compensation from the other party.
Under Texas’s system of modified comparative negligence, damages will be apportioned based on parties’ percentages of fault. For example, if you are 30% responsible for your crash while another driver is 70% to blame, then they may be held accountable for 70% of the damages stemming from your accident.
It is important to note that if your share of blame exceeds 50%, then you will be restricted from filing a lawsuit against another driver. The defendant in your case may utilize various strategies in their attempts to shift blame for your crash. Accordingly, support from our Texas car accident lawyers can be highly valuable when building your claim. We can gather and present the evidence required to support your case and will work diligently to discredit any alternative theories of fault.
Common Examples of Car Accidents Where Fault is Shared in Texas
Fault can be shared for nearly any car accident. Still, there are certain types crashes where it is more likely that fault will be split:
Rear-End Collisions
In rear-end collisions, one vehicle strikes the back of another vehicle. While it’s commonly assumed that the driver of the rear vehicle is always at fault, there are situations where fault may be shared. For example, if the front vehicle suddenly brakes or changes lanes without signaling, contributing to the collision, both drivers may share fault.
Intersection Accidents
Intersection accidents often involve drivers failing to yield the right of way or running red lights. Determining fault in these accidents can be complex, especially if both drivers claim they had the right of way. Shared fault may occur if both drivers were partially negligent, such as one driver failing to yield while the other was speeding.
Multi-Vehicle Pileups
Multi-vehicle pileups, typically occurring on highways or in adverse weather conditions, involve several vehicles colliding with one another. Fault in these accidents can be shared among multiple drivers, especially if poor visibility or road conditions contribute to the chain reaction of collisions. Each driver’s actions leading up to the pileup will be examined to determine their level of fault.
Lane Change Accidents
Accidents involving lane changes often occur when a driver fails to check their blind spot or signals improperly. In some cases, both drivers may share fault if one fails to yield while the other attempts to change lanes without proper clearance. Determining fault may involve analyzing factors such as signaling, speed, and lane positioning.
Parking Lot Collisions
Parking lot collisions can occur when drivers are backing out of parking spaces or navigating crowded parking lots. Fault may be shared in these accidents if both drivers were backing out simultaneously or failed to exercise caution while maneuvering through the parking lot. Factors such as visibility and awareness of surrounding vehicles play a significant role in determining fault.
Side-Impact Crashes
Side-impact crashes, also known as T-bone collisions, occur when one vehicle strikes the side of another vehicle. Fault in these accidents may be shared if one driver fails to yield at an intersection or runs a red light while the other driver is speeding or fails to react in time to avoid the collision. Determining fault requires examining each driver’s actions leading up to the impact.
How Our Attorneys Can Help if You Are Partially at Fault for a Car Accident in Texas
Our legal professionals can provide valuable assistance if you are partially at fault for a car accident.
First, we can thoroughly review the circumstances surrounding your crash, including witness statements, police reports, and any other evidence that may be available. This information will be used to determine the extent of your liability. After determining fault, we can explain what damages may be available to you.
Further, with our experience in handling car accident cases, our legal team can negotiate with insurance companies on your behalf to minimize your share of liability and ensure you receive the maximum amount of payment available. If necessary, our team can also represent you in court. We will present a compelling case and fight fiercely for a favorable outcome.
In conclusion, you should not hesitate to reach out to our law firm in the aftermath of your crash. By enlisting our help, you may navigate each step of the legal process with confidence. We will make sure that your rights and interests are protected during each step on the path towards financial compensation. The sooner you connect with our team, the more quickly we will begin building your potential case.
Call Our Law Firm for Assistance with Your Car Accident Case in Texas
In the aftermath of your collision, seek help from our Amarillo, TX car accident lawyers by calling The Queenan Law Firm, P.C. at (817) 476-1797.