How does liability for a car accident get determined?

Liability for a car accident in Texas is determined by one of two legal standards. Negligence or fault-based standards are the most common way that liability for a car accident is determined. Under this standard, both parties are expected to act with reasonable care, and the person determined to be the most negligent is held liable for any damages associated with the accident. The other way liability for a car accident can be determined is by a strict liability standard. This means that the liable party is held liable regardless of fault. In Texas, this most commonly applies in cases involving animals, product liability, and hazardous waste. When determining liability for a car accident, several factors are taken into consideration. Some of these factors include the speed of the vehicles, the number of vehicles involved, the amount of property damage, and whether one or both drivers were negligent in their actions. Each case is unique and the insurance companies handling the claim will investigate the circumstances to decide who was at fault. In some cases, courts may find both parties negligent in some way and the damages will be determined accordingly. In these cases, the court will assign a percentage of fault to each party. The percentage of fault assigned to each party will determine the amount of damages they are liable to pay. If one or both parties are found to be at fault, they may be held liable for a variety of damages such as medical bills, property damage, and even pain and suffering.

Related FAQs

Can I still get a settlement if the other driver has an expired license or no license at all?
How can I get a copy of the police report from a car accident?
Can I sue the at-fault driver if I was injured in an accident with an uninsured driver?
Am I entitled to compensation if I was a passenger in someone else’s car and it got in an accident?
What if the other driver does not have enough insurance to cover my losses?
What are the different types of car accident claims?
What if two or more people are at fault for the same accident?
What if I was injured in a car accident by a different driver than the one I initially thought?
How can I prove my physical and emotional damages from a car accident?
What if I was injured in a car accident but the other driver was never identified?

How does liability for a car accident get determined?

Related FAQs

Related Blog Posts