Who Is Liable For My Car Accident?

The aftermath of a vehicle accident can be a confusing period of time. This Is particularly true for those dealing with injuries and property damage. One of the most important aspects of securing compensation for any losses you may have sustained is determining liability for the incident. Even though you may know that another driver caused the crash, it is still important to prove that is the case. At Johnson, Zegen, Scott & Williams, PLLC, our car accident lawyers in Dallas want to discuss how liability is determined in the aftermath of a vehicle accident. Additionally, we will discuss what happens if more than one party shares the blame.

How Liability Is Determined After A Vehicle Accident

There may be various parties that could be held liable in the aftermath of a car accident. The reality is that there needs to be an extensive investigation into every incident in order to properly assign fault. In some cases, there may be more than one party at fault for a car accident in or around the Dallas area.

In order to properly determine liability, various types of evidence will need to be uncovered. This can include, but is not limited to:

  • Photographs were taken at the scene of the crash
  • Video surveillance from nearby cameras
  • Statements from eyewitnesses
  • Statements from other drivers and passengers
  • The police report
  • Vehicle “black box” data
  • Mobile device data from other drivers involved
  • …and more

In many cases, liability cannot be properly determined with the evidence gathered. Sometimes, it becomes necessary to involve accident reconstruction experts. Attorneys for victims of car accidents will often employ assistance from these experts so they can analyze the evidence and provide testimony to insurance carriers or to a personal injury jury.

How Will Comparative Negligence Affect A Car Accident Claim?

As we mentioned above, there may be multiple parties at fault for a vehicle accident. In these cases, it will be necessary to turn the Texas law regarding modified comparative negligence. In this state, individuals can still recover compensation even if they are partially at fault for an incident. Under the modified comparative negligence rule, individuals can recover compensation so long as they are less than 51% responsible for the incident.

However, the total amount of compensation a person receives will be reduced based on the percentage of fault that they had for the incident. For example, if a person is initially awarded $10,000 in damages, but it is determined that they were 20% responsible for the incident, then they would receive $8,000 instead of the full $10,000.

Reach Out To A Dallas Car Accident Lawyer Today

If you or somebody you love has been injured in a car accident caused by the actions of another driver in or around the Dallas area, reach out to the team at Johnson, Zegen, Scott & Williams, PLLC for help today. We have extensive resources at our disposal, and we want to fully investigate every aspect of your claim to ensure you are probably compensated. When you need a Dallas car accident attorney, you can contact us for a free consultation of your case by clicking here or by calling us at 214-295-2900.

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