How is fault determined in an auto accident?
When determining fault in an auto accident in Texas, a few factors are taken into consideration. First, the courts will examine who was negligent. Negligence is when a person does not act as a reasonable person would in a given situation. This means that if a driver speeds, fails to stop at a stop sign, or texts while driving, that person can be found to be negligent and therefore at fault for the accident. Second, the courts must consider the legal concept of comparative negligence. In Texas, comparative negligence means that the courts can assign a percentage of fault to each party in an accident. For example, if one driver was speeding and the other was not paying attention, the courts may assign 80% of the fault to the driver who was speeding and the remaining 20% of the fault to the other driver. Finally, the courts must consider other issues such as the amount of damages incurred, the extent of any injuries, and the legal costs of the accident. In some cases, the court may find the drivers equally at fault, which would require both parties to share the damages and costs. Ultimately, the courts must consider all of the evidence and determine which party is most responsible for the accident. It is important to remember that even if the court finds one party to be more at fault than the other, they can still both be held liable for the damages resulting from the accident.
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