It can be difficult to determine who is responsible for paying for medical expenses and property repairs after any car accident in Austin. After a multi-vehicle crash involving three or more drivers, liability determinations can be even more complicated. If two or more insurance companies are disputing liability (or financial responsibility) for a multi-car crash, learn how to protect your rights.
How Is Fault Determined in a Multi-Vehicle Crash in Austin?
Texas is a fault state, which means when a car accident takes place, the driver or party responsible for causing the wreck is held responsible for paying. Motor vehicle drivers in Texas are legally required to carry minimum amounts of liability insurance to enable them to pay for car accidents that they cause.
When a car accident occurs between only two vehicles, one of the drivers is generally held liable for violating a traffic law or behaving negligently (without proper care). If a crash involves three or more drivers, determining fault may take a more thorough investigation. More than one of the drivers may be to blame for breaching a duty of care owed to the other motorists.
Many multi-vehicle accidents are chain reaction crashes, in which one driver is at fault for causing the initial collision that sparks a chain reaction. In other cases, two or more individuals can share fault. Car insurance companies may make use of crash reconstruction experts to re-create how and why a multi-car crash occurred. This can help the insurance company assign fault.
What Is Texas’s Comparative Negligence Law?
Under Texas’s comparative negligence law, an individual can still recover compensation despite being assigned a portion of the fault for a multi-car accident. However, the amount assigned to the individual as a settlement or judgment award will be decreased by a percentage that matches his or her degree of fault.
For instance, if one driver is assigned 10 percent of the blame for speeding but another is given 90 percent for running a red light, the first driver would still be eligible for financial compensation. His or her financial recovery would be diminished by a matching 10 percent (e.g., $100,000 would be reduced to $90,000).
In Texas, an individual cannot be found 51 percent or more at fault for his or her own injuries and still receive financial compensation. With more than the majority share of fault for a multi-car crash, the opportunity to receive compensation is taken away. This is why it’s important to hire a car accident attorney in Austin to help you minimize your proportion of fault.
What to Do if You Are Involved in a Liability Dispute in Austin
A liability dispute can affect the value of your car insurance settlement and make your claim take longer to resolve in Austin. The best way to handle this situation is by contacting an experienced car accident attorney for assistance.
Gather all of the information you can about your car accident, including photographs, a copy of your police report and eyewitness information. Then, take these documents to an attorney. An attorney can represent you during negotiations with a car insurance company to seek fair compensation.
Your lawyer can collect key evidence to support your claim and prove that someone else is at fault, such as hiring qualified expert witnesses to provide testimony. If necessary, your lawyer can take your disputed car accident claim to court in Austin to advocate for a fair outcome. Hiring an Austin personal injury attorney improves your odds of success during a disputed multi-vehicle crash case.
