Many personal injury claims are resolved through negotiation and settlement. However, these injury and accident situations quickly become more complex since insurance companies deny, delay, or reduce compensation or just make the situation more complex than it should be. If you or a loved one has been in an accident and injured, our Texas personal injury attorneys will help you deal with the insurance company and get the compensation you deserve.
Trials, unlike negotiations, offer a formal setting where evidence and arguments can be presented in a comprehensive manner. This can potentially lead to a more substantial compensation award than what might have been proposed in a settlement.
In a negligence lawsuit, our attorneys play a crucial role, as we must prove four key elements to secure a win: The defendant owed our client a duty of care, breached that duty, and caused injuries that resulted in measurable damages.
Here, we discuss how Texas courts generally handle fault determinations.
How Do Texas Courts Determine Who Was at Fault for Personal Injury Incidents?
Texas follows the concept of negligence, meaning a person is considered negligent if they fail to act with the level of care that a reasonable person would exercise under similar circumstances.
Both parties present evidence and arguments in court to support their claims regarding fault, including:
- Police report, when applicable.
- Notes taken at the time of the accident.
- Photographs or video.
- Witness statements.
- Expert witness testimony.
- Medical expert testimony.
- All other relevant evidence.
In Texas, fault determination can be decided by either a jury or a judge, depending on the circumstances of the case.
- In jury trials, the jury typically determines fault based on evidence.
- In bench trials, the judge makes the determination.
In Texas, determining fault in personal injury cases follows principles of comparative negligence, which means fault can be distributed among the parties involved.
This means that even if the injured party is partially at fault for the accident, they can still recover damages, but their percentage of fault will reduce their recovery. For example, if the injured party is found to be 30% at fault, their damages will be reduced by 30%. If the injured party’s liability is greater than 50%, they cannot recover damages from the other driver.
Contact Our Skilled Accident and Injury Attorneys Today
If you or a loved one, have been injured in a personal injury accident caused by negligence, our experienced bilingual personal injury attorneys can guide you through the legal process, gather evidence to support your claim and advocate for your rights in negotiations with insurance companies or courts. Call our skilled accident and injury attorneys at (512) 883-0277 or contact us online today to schedule a free consultation.
We pursue dedicated, driven results for our clients, and there is never a charge to talk to an attorney. We stand ready to help you.
