Can You Challenge Your Percentage of Fault for a Car Accident?

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Can You Challenge Your Percentage of Fault for a Car Accident?

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If you are in a car accident, and you are left with an injury, you can receive compensation for your losses through a personal injury claim. The first step in successfully filing a personal injury claim is determining fault.

Who Is at Fault in a Texas Car Accident?

After a car accident, fault is determined by looking at a variety of different types of evidence. The most common types of evidence used to determine fault are:

Pictures of Damage: The individual involved in the car accident can help their case by taking photos at the scene of the accident to document any damage. Take photographs of everything and catch images from different perspectives if possible. If you can manage it, get photographs of the damage to any vehicles that were involved in the collision and any injuries sustained. It is also very helpful to get pictures of the roadway where the collision happened. Photos of this nature can be extremely helpful when attempting to establish fault.

Witness Statements: After a collision, it is very helpful if you get the names and phone numbers of any witnesses on the scene of the accident. By doing so, you create the chance for your attorney to contact them for details and statements that can significantly help your personal injury claim. The police responding to the scene may also collect witness statements and include other valuable information in their official police report that may be useful when establishing fault.

Medical Records: Seek medical attention as soon as you can after an accident. Your health and safety are the top priority. Once you have received the necessary treatment, your personal injury attorney can access medical records to determine the severity of the injury. Medical records often play a significant role in proving fault. 

Accident Reconstruction: Photographs can also be helpful to accident reconstruction experts, if one is necessary in your case. Accident reconstruction experts re-create how a crash happened and can be a vital piece of a case where fault is in question.

Challenging Your Percentage of Fault in a Texas Car Accident:

In Texas, being found “at fault” does not necessarily mean you cannot recover damages through a personal injury claim, but it will limit how much you can recover. For instance, if you are found 25% at fault, you can only recover the other 75% of the damages you face due to the accident. If a party involved in an accident is found to be 51% or more at fault for an accident, they cannot recover damages.

If you have been found at fault, and you disagree with the finding, don’t give up. Get in touch with an experienced Texas personal injury attorney at Hudson Law. We can help you navigate the process to defend your legal rights and protect your financial and medical interests.