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Proving Liability in a Murphy Car Accident

In most car accident cases where compensation is awarded, the party bearing the majority of the responsibility is held liable on the basis of negligence rather than for an act of intentional harm. Negligence may be found to exist when one party owes a duty of care, fails to exercise that duty, and directly causes physical harm to another as a result.

In car accident situations, drivers are generally found to owe a duty of care to others on the road—for instance, by obeying the rules of the road. When they fail to do so and harm or injury results, a Murphy car accident attorney could work with a plaintiff to hold the responsible party civilly liable.

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How the Comparative Fault Rule Affects Car Accident Cases

Comparative fault referred to in Texas statutes as proportionate responsibility, can reduce or even prevent recovery in car accident cases. Texas Civil Practice & Remedies Code §33.001 states that when the majority—in other words, 51 percent or more—of fault for an accident lies with a particular person, that person may not recover damages from other persons also sharing in the responsibility. A person who is 50 percent or less to blame may recover damages, but those damages would be reduced by the percentage of fault attributed to them.

So, if the court found that an injured driver was 45 percent at fault for talking on the phone while driving and the other driver was 55 percent at fault for speeding, the injured driver’s recovery would be limited to 55 percent of their total damages. This is referred to as a modified comparative fault rule in many jurisdictions and is one of many topics about which a seasoned car accident lawyer in Murphy should be very knowledgeable.

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How a Murphy Car Accident Attorney Could Help

If you suffered injuries in a car accident, you may be entitled to damages for consequences such as lost income, medical expenses, and property damage. You may also be awarded monetary damages to compensate for pain and suffering and other intangible losses. An experienced Murphy car accident lawyer could evaluate the circumstances of a case to determine whether compensation may be available to you. To learn more about your options, call now.

Murphy Case Types

Bicycle Accident Boat Accident Traumatic Brain Injury Bus Accident Catastrophic Injury Child Injury Dog Bite Motorcycle Accident Pedestrian Accident Premises Liability Product Liability Slip And Fall Spinal Cord Injury Truck Accident Wrongful Death

Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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