Who Is at Fault for My Austin Personal Injury?
Suffering an injury can be a difficult experience, especially when it was the result of someone else’s negligence. One of the most important factors in any personal injury claim is determining who was at fault for causing the accident.
Establishing fault can be complicated, as sometimes fault is not as obvious as you might think. An experienced Austin personal injury lawyer can investigate your accident to determine who was to blame and how much your claim is worth.
Using Negligence to Prove Fault
Most personal injury claims arise because one or more parties acted negligently. “Negligence” is when harm is caused to others because someone’s conduct falls below the standard of care that is expected of a reasonable person.
In order to hold a party liable for personal injury damages, the elements of negligence need to be proven. These elements are detailed below:
- Duty – A legal duty of care must exist between the negligent party and you. For instance, motor vehicle drivers owe a duty of care to other motorists on the road.
- Breach – You must prove the negligent party breached a legal duty. For example, a breach would occur if a driver was carelessly sending text messages while driving.
- Causation – The negligent party must be the cause of the victim’s injuries. For instance, if the negligent party’s car rear-ended your car, the cause of your injuries is obvious.
- Damages – You must incur actual damages, usually monetary, as a result of the accident, such as medical bills, lost wages, not being able to work, property damage, and other costs.
Proving each element may be difficult, but with a thorough investigation performed by a personal injury attorney, fault can be proven by collecting all of the available evidence. This might include witness testimony, expert consultants, and police reports, in addition to any physical evidence of the accident.
Comparative Negligence in Texas
In Texas, proving fault can be tricky because both parties might be at fault to some extent. When your own actions have contributed to the accident, Texas uses the proportional comparative fault rule.
This means that if you are 51 percent or more at fault for the accident, you cannot recover damages from the other party. If you are 50 percent or less at fault, you can still recover compensation, but your settlement will be reduced by that same percentage. This is why insurance companies will try to blame you for what happened as much as possible.
Help Determining Fault from an Austin Personal Injury Attorney
After suffering an injury, proving fault may be stressful for you to tackle on your own. Colley & Colley will go to work for you to ensure that all of the evidence is precisely collected and presented. This will allow you to recover the maximum compensation possible.
Contact us at 1-877-411-2001 or fill out our online contact form below to schedule a free consultation to discuss the details of your case. There is never an obligation and we don’t receive a fee unless we recover a settlement for you.