There will need to be some kind of evidence to try to determine what happened during the crash and who is financially responsible.
Austin, TX – Fault for a car accident is an important concept. This is because there is usually a substantial amount of money in question through the insurance claim process or personal injury lawsuits. Car accidents that result in serious injuries can create thousands or millions of dollars worth of bills for medical treatment and other costs. For these reasons, anyone who has been involved in a collision in the Austin area should look for advice from a local attorney.
Behaviors that may be considered fault
Fault for accidents in insurance claims and lawsuits generally follows the principles of negligence. This means that the at fault driver engaged in some kind of behavior that violates generally accepted principles of safety and care on the roads. This can range from speeding and traffic violations, to other dangerous behaviors such as drunk driving or cellphone use while driving. Any of these kinds of illegal or careless actions can be used as evidence of negligence during the accident investigation and any following lawsuits.
Another important concept related to fault is that of losses or damages. The driver must be found to be the actual cause of the accident, and the reason for the victim’s losses. If there are other intervening causes or the evidence is unclear, the defendant may be able to argue that there is a lack of causation between their behavior and the actual events that lead to the crash.
Dividing fault for the crash
Texas law also uses a system of comparative fault that allows the responsibility for the accident to be divided between everyone involved. The plaintiff only receives a reduction in their damage award if they are partially at fault, but their fault must be less than fifty one percent. If the plaintiff is more than half at fault for their own losses, then they cannot collect any money from the defendant at all.
What kinds of evidence and information are analyzed?
There will need to be some kind of evidence to try to determine what happened during the crash and who is financially responsible. This may include the accident report, pictures of the scene, witness testimony, accident reconstructions, and the recollections of the drivers and passengers involved. The accident report is especially important because it contains neutral information from officers with a background in traffic issues.
More information about fault and negligence laws