Who is At Fault? Motor Vehicle Accident Liability

Who is At Fault?

Often, establishing who is at fault is the most critical and the most controversial aspect to a car accident. Liability depends on who is determined to be at fault and at what degree. Texas is a Fault-based or “tort” liability state when it comes to automobile accidents and insurance coverage.  In addition, Texas has adopted the proportional comparative fault at 51% formula for determining the degree of fault that each driver must bear. If you are involved in a car accident in Fort Worth and you are more than 51% at fault, you cannot file a lawsuit against the other driver.

It is usually the insurance company adjusters who decide the proportional degree of fault. Their determination is based on the details of the crash. Frequently this process will include conversations with the insured and other drivers involved in the accident. If attorney is involved, then he or she will also be consulted.

An experienced personal injury attorney will have the knowledge and skills to make the best case for you in establishing the final percentage of fault that is yours. If no agreement can be reached regarding the percentage of fault, your case could move forward to the courts to reach a final decision.

Some of the factors that determine fault besides liability are reckless driving, intentional misconduct and negligence. These can include excessive speeding, illegal turns, disregarding traffic lights and signs, driver distraction from watching video devices, driving under the influence, and disregarding the welfare of others, whether they are passengers or pedestrians. Sometimes fault liability is assigned if there is defective equipment involved or if there is a presence of substances like explosives or dangerous chemicals. This liability is not based on fault.

Determining fault in the event of a car crash is not an exact science and liability can be shifted depending on how the adjuster puts the pieces of a particular accident together or how competent and successful your Fort Worth car accident attorney is in making a case on your behalf. For this reason, it makes very good sense to hire the best attorney possible to represent you.

Article contributed by The Todd Smith Law Firm, Fort Worth, Texas, 817-684-9400, www.toddsmithlaw.com.

The Todd Smith Law Firm
1608 Airport Freeway
Bedford, TX 76022