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How Is Fault Determined in a Car Accident?

Lucé Law, PC helps with McKinney car accident.
Image Credit – Dmitry Kalinovsky/

Confusion over where blame lies is common in the aftermath of a car accident. To help navigate such a complex situation it’s essential to work with an experienced auto accident injury lawyer. Identifying who’s at fault in a collision involves careful consideration of the facts and a thorough understanding of the law. But after a car accident in North Texas, what’s the process for determining fault?

With most car accidents, each party may play a role in why an accident occurred. Maybe the other driver was driving negligently fast but you weren’t paying as close of attention as you should have been. Or perhaps you didn’t get your car serviced on time, and your breaks didn’t work as well as they could have. No one is perfect, which is why there is a concept called contributory negligence in car accidents.

Understanding Who Is at Fault in an Auto Accident

Each party involved in a car accident will bring a different perspective on what happened and who is most at fault. Getting to the bottom of the event and building a strong case can ensure individuals receive fair compensation for injuries, loss of income and pain and suffering.

Who Is More at Fault?

Each jurisdiction may have their own interpretation of what contributory negligence means in regards to your set of particular facts. If you are more than 50% at fault for the accident in some jurisdictions, you may lose all ability to collect compensation. Other jurisdictions your percentage of fault will be discounted from your final judgment amount. For example, if you are awarded $100,000 for your injuries, but you were found to be 25% at fault, you would receive $75,000 instead.

Who Calculates Fault?

The calculation of who is at fault is a complex and complicated area of law. If you have a jury trial, the jury would determine the percentage of fault of each party. If you have a bench trial, a judge would determine fault. For more details on how calculation would play out in your case, contact your attorney and discuss your particular situation. Ideally, the best time to get an attorney for a car accident is immediately after the event, when details are still fresh in your mind.

Do I Have a Case?

Even if you feel that you are partly to blame for your car accident doesn’t mean that you don’t have the ability to file a claim. If you have suffered injuries, you may be entitled to compensation. The only way to know for sure is to schedule a consultation with an experienced car accident attorney. It’s easy to assume an accident is unambiguous, and that only one party is at fault. However, most cases have some complexity to them, and hiring a personal injury attorney is necessary to examine the incident from all angles.

Speak With a McKinney Car Accident Attorney Today

If you’ve been involved in a car accident in North Texas, contact Lucé Law, PC for assistance. Our auto accident attorney team can guide you through the process of determining fault and making a compensation claim. Call (972) 632-1300 or request a free legal consultation now.

Legal Practice Areas

Joe Lucé represents individuals dealing with the repercussions of personal injuries, auto accidents, slip and fall injuries and wrongful death.
Personal Injury

Personal Injury

Our experience dealing with personal injury claims means we know how to get results.

wrongful Death attorney

Wrongful Death

The loss of a loved one is compounded when it’s the result of wrongful death.

Slip and Fall Injuries

Slip and Fall Injuries

Slip and fall accidents occur regularly in commercial buildings, workplaces, stores and malls.

Auto Accidents

Auto Accidents

Auto accidents are frequently preventable, with distracted drivers, vehicle malfunctions and other conditions to blame.