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Comparative Negligence in Austin Car Accidents

When it comes to placing responsibility where it belongs in car accidents that occur in Austin, Texas, there are a lot of details involved. Texas law makes the person at fault responsible for the damages, but it is not always a cut-and-dried process. In many cases, there is more than one person at fault. Sometimes it is not even about what a driver did, but rather what a driver did not do.

In order to place responsibilities where they belong, the courts and insurance companies assign percentages of fault. When such cases arise, an experienced Austin car accident comparative negligence lawyer can help iron out the details.

What Is Comparative Negligence?

Comparative negligence is exactly what it sounds like, although the process for determining exact percentages can be complicated and lengthy. The details of the accident are taken into account, including what each involved driver was responsible for doing or neglecting to do. When a driver does not take a precaution he or she should have, such as moving out of the way of an oncoming car, as much as 100 percent of comparative negligence could be assigned to that driver.

Financial Responsibility in Texas

Texas drivers have to carry liability insurance. This insurance will pay the cost of damages to the other driver when the insurance holder is at fault. Depending on the coverage and its limits, it may also pay some of the  insurance holder’s expenses, even if they were not at fault.

Texas laws indicate that a person may not be able to claim damages if they bear more than 50 percent of the fault for the damages incurred, but car accidents have their own formulas in some cases. Essentially, this means that if you could have moved out of the way when another driver hit you, and you are then assigned just 49 percent of the fault, you may still be able to recover some of the costs of the damages.

Why You Need Experienced Lawyers on Your Side

Comparative negligence laws for Austin car accidents can be difficult to interpret. Regardless, everyone has to follow the laws, whatever they may be. That's why it may be beneficial for you to seek legal advice if either you share some of the blame for an accident, or you think you may be assigned some of the blame. You certainly can’t risk potentially being held responsible for something that wasn’t your fault.

If you or someone you love has been in a car accident, we can help make sure the right person is held responsible. Contact us online or call us toll-free at 1-844-325-9290 for a free case evaluation.