When you’ve been involved in an accident in Dallas, determining who is at fault is one of the most crucial aspects of the case. Fault allocation not only affects who pays for the damages but can also significantly impact your ability to recover compensation. Understanding how fault is determined in Dallas accident claims is essential for anyone seeking to pursue legal action after a crash.
In Texas, fault allocation refers to how the responsibility for an accident is distributed between the parties involved. Texas follows a modified comparative fault system, meaning that each party involved in an accident is assigned a percentage of fault. This percentage can either increase or decrease the amount of compensation that can be recovered.
For example, if you were involved in a car accident where both you and the other driver share responsibility, the compensation you receive will be reduced by your percentage of fault. Under Texas law, you can still recover damages as long as you are less than 51% at fault. However, if you are found to be 51% or more at fault, you will be barred from recovering any compensation.
The allocation of fault can make a significant difference in your case. For instance, let’s say you’re involved in a car accident, and the total damages are $100,000. If you’re found to be 30% at fault for the accident, your compensation could be reduced by that amount. You would only be able to recover $70,000, as 30% of the damages are considered your responsibility.
This is where a personal injury lawyer in Dallas becomes crucial. A skilled attorney can help prove the other party’s fault and challenge any claims that may unfairly place too much responsibility on you. They can gather evidence, such as witness statements, accident reports, and surveillance footage, to ensure that the fault allocation is as fair as possible.
Rear-End Collisions: In many cases, the driver who rear-ends another vehicle is presumed to be at fault. However, this assumption can be challenged if the rear driver can prove that the leading driver was partially responsible, such as by abruptly stopping without cause.
Lane Change Accidents: If one driver changes lanes and causes an accident, they may be at fault. However, if the other driver was speeding or engaged in reckless behavior, fault allocation may be shared.
Pedestrian Accidents: In pedestrian accidents, fault is often assigned to the driver of the vehicle. However, if the pedestrian was jaywalking or not following traffic signals, their fault may be considered.
If you were in an accident and you believe that the fault assigned to you is incorrect or too high, a personal injury lawyer in Dallas can help challenge that and fight for the compensation you deserve.