If you are injured in a car accident in Texas, before you can collect damages, you must prove that the person who you believe caused the accident was the one at fault. There are other states that have no-fault laws, but Texas is not one of them. At Springer & Lyle, we work with you to prove the other party was at least more than 50 percent at fault for the accident, and then help you collect all the damages to which you are legally entitled.
The Importance of Proving Fault
Texas is essentially a contributory fault state. This means that if you are 51 percent at fault for the vehicular accident, you will not be able to collect anything at all from the person you believe caused the accident. If you are found 50 percent or less at fault, your damages will be reduced according to the amount of fault that is attributed to you.
For example, if your damages are calculated to be $100,000, and you are found to be 40 percent at fault, your damages will be reduced by 40 percent and you will collect $60,000.
How to Prove Fault
You are legally required to prove fault by a preponderance of the evidence. This means that you prove that it is more likely than not that the accident was the fault of the other person involved. Ways in which you can prove this include:
- Check to see if the other person received a citation from the police.
- Even if no citation was issued, can you prove the driver was driving unsafely for the road conditions?
- Were there any video surveillance tapes available? For example, taken at an intersection with stoplights? From a nearby business that may have directed its camera toward the area where the accident occurred?
- Eyewitness testimony of bystanders or persons in either vehicle who witnessed the accident.
- Photos taken at the scene before any vehicles were moved that shows their position immediately after the accident.
- Cellphone records that may show the other person using his or her cellphone and therefore being distracted at the time of the impact.
- Accident reconstructionist report.
The personal injury attorneys at Springer & Lyle can help you prove who was at fault for the accident and can then help you get the reasonable compensation you are entitled for your injuries, lost wages, medical expenses, pain and suffering, and other physical damage. Contact us at 940.387.0404 for a free consultation.