Despite improvements in technology, car crashes remain one of the primary causes of death and serious injury in the United States. In Texas, where many residents work in the oil and gas extraction industry, car crashes cause more than half of all work-related deaths.
Car accidents are often complex incidents that are the result of many different factors. For example, a person’s failure to use their blinker before transitioning into another lane could result in another person attempting to pass, hitting the car trying to change lanes. But if the person attempting to pass was speeding so quickly that the car changing lanes could not have seen the speeding car, both drivers may be found responsible for the outcome of the crash that resulted from both of the drivers’ behavior.
In cases like this, especially those involving serious injury or death, apportioning fault (or responsibility) for a car accident is a complex process. However, when it comes to recovering compensation for injuries sustained by either party, it is essential to determine how much of an accident each party is at fault for so those who deserve compensation for their injuries or losses can get it.
How is Fault Determined in a Multi-Car Accident?
If there is any question about how much each party is at fault, a Texas judge or jury will need to examine the available evidence and allocate a percentage of total fault to each party. Some of the evidence a court or jury could look at includes:
- Reconstructions of the crash scene
- Damages to vehicles and other property
- Eyewitness testimony
- Driver testimony
- Dashcam or other camera footage of the scene
- Police reports
- Injuries
- Weather reports
- Expert testimony
Texas uses the comparative negligence doctrine, which means that if someone brings a personal injury lawsuit for a car accident for which they were partly at fault, the compensation they will be awarded will be reduced by the same percentage as their share of the fault. For example, if a person was 30 percent responsible for causing a car accident, they will take home 70 percent of the damages they are awarded.
It is important to note that if someone is more than 50 percent at fault for a car crash, that person cannot recover any damages at all, even if their injuries or losses are severe.
Contact a Houston, TX Car Accident Injury Lawyer for a Free Consultation
Regardless of the circumstances of your accident, consider contacting a Harris County car accident injury attorney. You may not realize that you can take action against another driver, company, individual, or manufacturer who contributed to your injuries. Call 281-643-2000 today to schedule a free consultation with the Law Office of Shane R. Kadlec.
Sources:
https://www.cdc.gov/niosh/motorvehicle/resources/crashdata/facts.html
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