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Determining Fault After an Auto Accident in Dallas Texas

If you have been involved in a car accident near Dallas, you might be considering legal action. A personal injury claim can help cover your vehicle repair, hospital bills, and compensate for any missed work and reduced quality of life. However, will that claim be successful? Before taking legal action, it will have to be determined whether you or the other party are at fault.

Determining fault can be a precarious process, but an experienced Dallas personal injury lawyer will be able to help you through it. If you are wondering, “where can I find a good car accident lawyer near me,” contact Carabin Shaw today at 1-800-862-1260 for a free, no-obligation case review and initial consultation.

Establishing Negligence in a Car Accident

The process of determining fault after an auto accident in Dallas Texas can be complex. For your car accident claim to be successful, you will have to bear less than 50% of the fault. Fault is initially determined by adjusters from your and your opponent’s insurance companies, although if your claim makes it to court it might be relitigated.

To determine which party is at fault, adjusters will consider many pieces of evidence, including:

  • Relative damage to both vehicles, including paint transfer
  • Police and accident reports
  • Photos from the scene of the accident
  • Statements from both drivers

After an accident, take photos of the scene, including any skid marks, the positions and license plates of both vehicles, and close-up photos of any damage or paint transfer. Additionally, file an accident report with the police and send it to your insurer. If you are not at fault in your accident, these will all help your case. An experienced Dallas car wreck lawyer can assist you further with this process.

Was I at Fault?

Fault in a Dallas car accident is determined through negligence. Even if the other driver is responsible for the accident, if you were operating your vehicle in any way that could be considered negligent, it will hurt your case.

Some examples of negligent driving are:

  • Driving drunk or while under the influence of drugs
  • Speeding, failing to signal lane changes, and other moving violations
  • Texting while driving
  • Driving while sleep-deprived
  • Driving a vehicle with outdated registration or that is overdue for inspection
  • Failing to observe a safe following distance

Even if you are sure that the other party was responsible for your accident, any of the above or other negligent acts can be considered to have directly or indirectly contributed. Similarly, if the other driver was guilty of any of these negligent acts, it will be a great asset to your claim. Talk to a Dallas personal injury lawyer about whether or not you are likely to be found at fault before pursuing legal action.

Determining Damages as a Result of Fault

To pursue a successful personal injury claim after a car accident, you and your lawyer will have to be able to demonstrate not only that the other driver was at fault, but that their fault resulted in your injuries and that those injuries resulted in both economic and noneconomic costs. These costs, that your opponent is obligated to cover, are known as damages.

  • Economic damages include mechanic bills, the cost of your medical care, and, if you were forced to miss work as a result of your injuries, lost wages.
  • Noneconomic costs include the ways that injuries from the accident impacted your quality and enjoyment of life; for example, mobility issues and chronic pain. An experienced Dallas car wreck lawyer will help you demonstrate how these costs were the direct result of your accident and therefore the fault of your opponent.
Free Case Review / Initial Consultation at Carabin Shaw

If you have decided to pursue legal action and are wondering, “where can I find the best car accident lawyer near me,” call Carabin Shaw today at 1-800-862-1260 for a free consultation with one of our experienced attorneys.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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