How To Determine Fault in A Car Wreck
In every Houston car accident case, some person, place, or entity will be responsible for your accident. This responsibility is also known as being at-fault. Determining which driver or party is at-fault can be a long and difficult process. Working with an experienced attorney can help you to identify who was the negligent party thats actions led to the car accident.
In some cases, it’s simple to identify which driver acted carelessly due to their behavior while driving but many times it requires more effort to prove you were not liable for the accident. The negligent driver will be responsible for any injury, property damage, and even death that they have caused.
In cases where it is difficult to tell who is at fault our team can help. We understand every case is different. There may even be multiple parties identified as at-fault that conflicts with someone else’s fault claim. These parties include law enforcement agencies, other drivers, insurance companies, and the court system.
So, how does an individual prove fault after an auto accident?
In the time after your car accident, you will need to file an insurance claim with your insurance company. If you were injured in your car crash you will want to file a personal injury claim. If the accident led to a death, the family of the deceased victim will be able to file a wrongful death claim on their behalf. Once a claim is filed with an insurance company, the company will assign an adjuster to the claim.
The adjustor oversees the investigation into the accident and the settlement of the claim. Typically, more than one insurance adjustor will work to gather evidence during this process. This is because every person that is in the wreck will need to file a claim.
In an investigation, adjustors will:
- Research the accident
- Speak with witnesses
- Access medical reports
- Examine vehicle damage
- And verify details about insurance policies
- Verify lost wages
At the end of the day, insurance adjustors will work to determine which driver was at fault. In more complex cases that can include assigning a percentage of fault to multiple drivers. The insurance companies will then divide the costs of the car accident based on this percentage.
In Houston, Texas courts rely on a rule known as modified comparative negligence. Under this rule, you can typically recoup losses if you’re found to be less than 51% percent at fault for the accident that took place. Working with an experienced car accident lawyer can help you to prove your innocence so that you are not stuck paying out of pocket for you vehicle accidents property damage, medical bills, loss of wages, and more. Hiring a lawyer will help you to protect yourself.
Insurance companies will determine fault based on the legal definition of negligence. Negligence occurs whenever a driver fails to exercise a reasonable amount of caution under the same circumstances. For instance, a driver who runs a red light is seen as negligent compared to the reasonable driver who followed the law and waited for the light to turn green.
Hire a car accident attorney to protect you in your case!
Personal Injury Law Firm in Houston
If you or someone you love has suffered an injury, experienced loss of income, or are unable to work due to a car accident, you can benefit from the services of a Houston car accident expert in your personal injury case. Whether you missed work due to an injury or due to not having access to a vehicle, Attorney Beverly R. Caruthers can help you!
Our team works hard to bring the most efficient and practical solutions to your car accident case. Beverly R. Caruthers proudly serves and defends the Greater Houston area including but not limited to Baytown, Conroe, Crosby, Humble, Huntsville, Lake Jackson, Missouri City, Pasadena, Spring, Tomball.
Our legal team is bilingual and offers Spanish speaking legal counsel for all of our clients. If you need legal representation following an incident don’t hesitate to contact Beverly R. Caruthers Law Office!