Car accidents in Texas can often appear straightforward, but most cases involve various factors that can significantly impact liability and financial recovery. Many accidents involve negligence or recklessness, and understanding the precise legal definition of negligence under Texas law is crucial. Additionally, an injury victim must be ready to refute any claims of contributory negligence, even if they can establish the other party's negligence.
There are two main approaches to liability in Texas personal injury cases: contributory negligence and comparative fault. As many accidents involve more than a single cause or set of circumstances, these theories can greatly influence the potential recovery. Texas courts apply the "modified comparative negligence" laws to determine liability and subsequent recovery. Under this system, a plaintiff deemed more than 51% responsible for an accident cannot recover compensation.
Because of the state’s comparative negligence laws, insurance companies may work tirelessly to refute a victim's claim and minimize their compensation. In some cases, they might even present significant evidence to establish the victim’s liability. For instance, consider a situation where a 73-year-old man was fatally injured in a car accident while retrieving an item that had fallen from his truck. In such a scenario, the defense might argue that the victim was negligent.
At-fault drivers and insurance companies may often argue they're not responsible for the accident or the resulting damages. They commonly assert that the victim acted unreasonably, leading to the accident and subsequent injuries. This contributory negligence might be represented by a pedestrian who ran into traffic or a driver who suddenly stopped on the road.
For this reason, having a skilled car accident attorney in Texas on your side is critical. They can advocate on your behalf, ensuring you receive the compensation you rightfully deserve. These attorneys have access to expert witnesses, medical professionals, and accident reconstructionists who can effectively refute contributory negligence claims.
Whether you have sustained injuries in a car, truck, or motorcycle accident, it's important to engage an experienced personal injury lawyer to represent your claims. They can help with cases involving premises liability, defective products, medical negligence, wrongful death, and more. They can provide excellent representation in claiming damages, including medical expenses, property damage, lost wages, and pain and suffering.
