It never fails, you are careful when you drive anywhere, but you do not have any control over the "other" driver who may just be having an off day and isn't quite with it. They may also be talking on a cell phone, texting, trying to get the kids to behave, or miss that the light at the intersection just turned red.
Whatever the reasons for the other driver not driving with due care and attention, the end result is a collision. Whether it is a bad one or a minor one, there are consequences, not the least of which is compensation for the crash. Who pays? How much? When do the pay? How is fault determined? All pressing questions that those involved in the crash need to have answered. This is the point where you will want to consult with a personal injury attorney to find out what your rights are when it comes to being involved in a car crash.
The most important consideration after a collision is who is paying for what after fault has been determined. While insurance companies will probably eventually pay for the accident, it may take some time to see the money depending on the answer to, who caused the accident. In Texas, this is usually a question of degree of responsibility for the accident.
When the calculations are all said and done, what the insurance company pays out will depend on how much at fault the two(or more) people involved in the crash are.
With Texas's comparative fault laws for cases involving car crashes and other injuries caused by a party's negligence, the jury is asked to assign fault to each party for causing the wreck. That calculation is then used to determine how much the injured person recovers. The calculation is first used to reduce the injured person's recovery for their own fault. The jury's damage award is reduced by the victim's percent of responsibility. For example, if the jury awards the plaintiff $100,000 but finds that the injured victim was 30% responsible for the wreck, then the award is reduced by 30% and the injured victim may only recover $70,000. If an injured person's fault is more than 50%, then the claim is barred, and the injured person may not make any recovery.
Similarly, the calculation is used to allocate liability when there are multiple defendants. For example, if there is a car crash caused by two people, the jury will allocate liability between those two. Assume the jury finds that the injured person was not responsible for the wreck at all; that driver Smith was 30% responsible for the wreck and that driver Jones was 70% responsible; and that the injured person had to be compensated $100,000 for injuries. In this instance, driver Smith would be liable to the injured person for $30,000 (30% of $100,000). On the other hand, Texas law generally finds that any person more than 50% responsible for an event is liable for the entire event. Thus, driver Jones could be asked to pay the entire $100,000 and Jones would then have the right to try and recover $30,000 from driver Smith.
If you're still baffled about that formula, your attorney can answer your questions. Hiring a seasoned personal injury attorney will mean you get the most out of your accident insurance claim.
Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.
Article Source:- GoArticle.com
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Other Source of Information:- Auto Accident Lawyer
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