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This content is for informational purposes only and is not intended to provide legal advice.
Sometimes, more than one driver is responsible for causing a car accident. When this happens, everyone turns to state laws.
In some states like Florida, it really doesn’t matter who’s to blame for the accident. Regardless of fault, everyone turns to their insurance provider for compensation. Texas law is different.
The at-fault driver’s insurance is responsible for covering any damages. However, this can get complicated when blame is shared. The accident attorneys at The Doan Law Firm can help you sort out the blame and file a claim, even when you’re assigned some of the fault for the accident.
How Modified Comparative Negligence Can Affect Your Accident Claim
Texas is an at-fault state, and this means that if you’re involved in an auto accident the at-fault driver’s insurance provider covers your damages. These damages typically include things like your medical expenses, vehicle repair or replacement costs, and even lost income if your injuries are preventing you from returning to work.
Along with being an at-fault insurance state, Texas also follows modified comparative negligence rules. This is when your accident claim’s value can be impacted. However, the good news is the rule also allows you to file an accident claim even if you’re partially responsible for the accident. There is a limit to the amount of blame you can carry to file a claim. You can’t be assigned more than 50% of the blame.
So if you’re 52% responsible, there’s a good chance you can’t file a claim to recover your damages. Your only option is to work with your insurance provider. So, how does modified comparative negligence work? Here’s a quick example.
You’re making an illegal turn on red but another driver is speeding and blows through a stop sign. You’re both partially responsible for the accident, but you’re assigned less of the blame since the other driver violated multiple traffic laws. If your percentage of the blame is 40%, you can file a claim with the at-fault driver’s insurance provider.
However, your settlement amount will be reduced by your percentage of fault. So, if it’s 40% and your settlement award is $100,000, you receive a check for $60,000.
Proving Fault in an Auto Accident
You’re going to need more than your word to prove fault in an accident. You can’t simply tell an insurance adjuster the accident isn’t your fault. You also can’t randomly assign yourself some percentage of the blame. Fortunately, the insurance company also doesn’t have the last word when it comes to assigning blame.
Sometimes, you can determine blame during negotiations with the insurance company. This is usually the best way to go, for a simple reason. Your overall expenses tend to be less since you’re not dealing with court costs. You can also receive your settlement check a little faster when you can avoid going to civil court. Civil trials whether by a judge or jury can be lengthy, sometimes lasting for years.
While you’re waiting for the judge or jury to reach a decision, your expenses relating to the accident are piling up. You may even be dealing with medical liens if you sustain serious injuries. So, whenever possible it’s usually best to try and settle an injury claim out of court.
Proving fault in an accident can be a tedious process but it’s one you don’t want to rush through, especially if you’re partially to blame for the vehicle collision. Here’s a look at some of the evidence that can help ensure you’re not assigned more than your fair share of the blame.
Photos of the Accident Scene
Even if your injuries are too severe to do anything except ride to the hospital in an ambulance, there’s still a good chance someone snapped some pictures of the accident scene. Maybe it’s the other involved driver, witnesses, or the responding authorities. Try to get access to these photos.
Sometimes, it’s relatively easy to get copies of the photos. Other times, you may have to give it up as a lost cause. Don’t worry if you don’t have access to any pictures, there’s still plenty of evidence you can use.
Video from Businesses, Traffic Cameras, and Dashcams
Did you know insurance companies often give discounts to drivers who mount dash cams in their vehicles? The footage from the dash cam can be invaluable evidence in an accident claim. The camera records the events leading up to the incident, along with the accident. If you have a dashcam, you’re off to a good start.
Your attorney can also request footage from nearby businesses. Most businesses have security cameras and one may have caught the accident. Your attorney can also get footage from traffic cameras.
However, sometimes getting the city, county, or state, depending on who owns and operates the cameras, can be difficult. In other words, don’t expect traffic camera footage to show up the next day. Sometimes, it’s better to rely on footage from nearby businesses.
Testimony from Witnesses, Passengers, and Other Drivers
Witnesses, passengers, and other drivers can be called to give testimony. Your attorney can question any witnesses, get their statements, and use them to help support your version of events.
This can also help guarantee that the other driver’s insurance company doesn’t try to assign you more blame than your actions deserve. Remember, if you’re found to be more than 50% responsible, you can’t file a claim for damages.
Don’t forget the insurance adjuster is going to talk to the same witnesses, and this means it’s usually best to let your attorney handle any interviews. Anything you say can be used against you and may result in you being assigned the majority of the blame.
Official Accident Report
Your accident report will contain crucial details that can include naming who’s responsible for the accident. Your accident report is usually ready for pick up after about seven business days. Simply pay a nominal fee and hand the report over to your attorney. Sometimes, the report is enough to support your accident claim.
Work with an Experienced Attorney
If you’re partially to blame for an accident, don’t try to handle the legal process on your own. Consult with an attorney to ensure you’re only assigned your fair share of the blame.
An experienced attorney can help protect your rights, negotiate with other parties, and work to minimize your liability, potentially leading to a more favorable outcome for you.
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