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Establishing Liability After a Fort Worth Car Wreck

After a car wreck in Fort Worth Tx, the passengers involved may experience injuries that can range from mild to severe. When another driver’s reckless actions lead to your injuries, they should pay you for the damage they’ve caused. The average car settlement for victims with minor injuries is approximately $21,000, but that number can jump to the hundreds of thousands or even millions of dollars if you’ve experienced catastrophic injuries.

Although you can pursue a car accident claim on your own, working with Fort Worth car accident attorneys can help ensure that you recover the maximum compensation that you are owed. Our Fort Worth personal injury attorneys at Carabin Shaw have been fighting on behalf of Texans for nearly 30 years, and we always do our best to serve our clients. If you’re searching online for a “car crash attorney near me,” we can represent you.

What Is Used to Determine Fault After a Car Accident?

To win your car accident claim in Fort Worth Tx, you’ll have to prove the other driver was at fault for your accident and injuries.

Below are the ways in which our law firm goes about establishing liability after a Fort Worth car wreck:

Vehicle Damage

After a car accident, vehicles will be damaged. The type of damage and its location can indicate how a crash occurred and who was responsible. If the side of your car is smashed in, for example, it can help to illustrate that the other driver T-boned you.

The Accident Scene

If visited in a timely fashion, the accident scene can offer important clues about who was responsible for a car accident and how it happened. Road conditions, debris, skid marks, and wreckage are a few examples of what a lawyer will make note of when investigating an accident scene.

Police Report and 911 Tapes

For wrecks with damage exceeding $1,000, the police must be called by Texas law. Their report will be useful in determining liability, as well as the 911 tapes, if applicable.

Eyewitness Statements

The police will take statements from any eyewitnesses. If you’re able, you should collect the contact information for witnesses as well, which may be useful for your attorney down the line.

Proving Negligence in a Fort Worth Tx Car Wreck Case

Once the investigation is finished, you’ll have to use the evidence you’ve collected to prove the other party was negligent. In a personal injury lawsuit, you and your attorney will have to establish fault by proving the following four key elements:

  • The other driver owed you a duty of care
  • The other driver breached their duty of care, which is negligence
  • Their negligence directly caused your accident and the injuries you suffered
  • You suffered damages, and you should be compensated for those damages

If you have questions about the process of proving negligence, Fort Worth car accident attorneys can help.

Modified Comparative Fault in Texas

In personal injury cases, Texas uses a modified comparative fault rule, which allows multiple parties to be found at fault for an accident. Each party involved is able to recover damages in an accident as long as they were not 51% or more at fault for the accident.

However, if you are found partially responsible for an accident, your damages will be reduced accordingly. For example, if you were to be awarded $100,000 in compensation but were found to be 20% at fault, you would only be given $80,000.

Carabin Shaw Will Fight to Get You Justice | Free Initial Consultation

If you’ve been searching for a “car crash attorney near me,” look no further. The Fort Worth personal injury attorneys at Carabin Shaw can work with you to get you the compensation you rightfully deserve. Our law firm has won over $1 billion for our past clients because we always go above and beyond for them.

Fill out our online contact form or call 800-862-1260 for a free case review.


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We are very glad we called Carabin Shaw after our accident. We now recommend them to everyone. - Griselda S.
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In our opinion, no one is better, Carabin Shaw is the Law Firm you want on your side after an accident. - Amanda G.
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The attorneys and staff went out of their way to help us after our accident. Thank you Carabin Shaw. - Melinda F.
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We did our research after our accident and chose Carabin Shaw. They were great. Highly recommend. Joel Y.
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