In most cases, the primary legal consequence of a car wreck in Texas will be the responsibility of the liable party to cover the damages and losses of those they harmed. Texas law allows for more than one person to be responsible, so things can get complicated. A car wreck injury attorney in San Antonio can help you protect your rights and seek the compensation that you are owed after an accident.
What Are the Legal Consequences of a Car Wreck in Texas?
Civil Liability
The term civil liability refers to one’s obligation to cover the damages of another after injuring them. Having to pay a lot of money for someone’s wrecked car or medical bills may seem like a punishment, but it’s not. The person who is liable is simply making the other party “whole.”
This is different from criminal liability, which implies that a crime was committed and comes with required punishments that usually include jail time and fines. Criminal liability usually only comes into play in car accidents if a driver was impaired, deliberately driving recklessly, or driving illegally in some way, such as without a license or in a stolen vehicle.
How Is Civil Liability Determined?
In Texas, liability is assigned according to how at fault each party in the accident was. Very often, someone is primarily at fault, but it’s also common for other parties to be partially at fault. Under Texas’ proportionate responsibility law, anyone 51% or more responsible may not recover any damages. Anyone 50% or less responsible may recover compensation, however, the amount of compensation will be reduced by the same percentage as their responsibility in the accident.
Imagine someone following another car too closely. The first car makes an abrupt stop without signaling, and the car behind hits them. The following driver will be held primarily responsible because every driver has a duty to leave a safe following distance. However, the first car did not obey the rules of the road to properly signal before braking, and they may be held partially responsible: say 30%. If their damages equal $12,000, they can make a claim against the following driver’s insurance, but the most they would be able to recover would be $8,400, or 30% of $12,000.
Why a Car Wreck Attorney in San Antonio Is So Important
As you can see, it matters immensely how much liability you are saddled with after an accident. Insurance companies are always keen to put as much blame as possible on anyone other than the person they cover because doing so will reduce the amount they have to pay. You must have an attorney protecting you against these tactics. Visit this page to learn more.
Additionally, an attorney can help you properly figure all of your own damages so that you have properly calculated for all possible future expenses. This is especially important if you bear some responsibility for the accident.
People who work with an attorney in these situations almost always come away with more than those who don’t. If you’ve been in a car wreck, talk to a lawyer as soon as possible to protect yourself.
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