Sherman Car Accident Lawyer

Determining Fault in a Car Accident Case

Texas is a fault state, meaning that the driver who was the primary cause of the accident can be liable for injuries and damages caused by the accident. This means anyone injured in a car accident can pursue a claim against the at-fault driver, typically through their insurance company. The Texas Transport Code Section 601.051 requires Texas drivers to establish financial responsibility for their liability, typically through purchasing insurance.

It is best to begin the claims process for a car accident as soon as possible. Determining who is responsible for an accident can be extremely complicated. Often, the police and the insurance company will make their own assessment for fault. If the case goes to trial, the judge or a jury will determine fault.

The judge or jury will have to determine whether the defendant was negligent. A person is negligent if they fail to take ordinary caution under the circumstances. This determination can rely on many variables, and the jury will have to consider the evidence presented in determining whether the defendant was negligent. It is important to remember that just because the police report or the insurance company has determined someone is at fault for the accident, it does not mean the jury will find the same outcome. There are many legal considerations that an experienced car accident lawyer in Sherman could help assess.