Multiple Parties in Personal Injury Cases: How Liability Is Determined in Texas

Accidents in Texas are disruptive and painful, but they are rarely simple. Multiple parties may be involved, and determining who was at fault for an accident can be complex. Whether the accident occurred on the road, at a worksite, or on someone else’s property, determining fault is the first step in pursuing the compensation you need to pay your bills while you recover from your injuries.

If you are the victim of an accident that involves multiple parties, the Texas personal injury lawyers at Carabin Shaw can help. We investigate accidents to identify the at-fault parties and hold them liable under Texas’s comparative fault rule.

Our attorneys offer free case reviews in English or Spanish to help victims understand their legal options. We also offer our services on a contingency-fee basis, so you pay no money until we win your case. We are available 24/7 at 1-800-862-1260 or contact us online.

Texas is an at-fault state, so the parties who are responsible for your accident are also liable for your injuries and related losses. However, getting hurt in an accident doesn’t automatically make you eligible for damages. You must show that the other parties' wrongful conduct led directly to your harm.

Contact a personal injury lawyer as soon as possible to investigate the incident, gather key evidence, and hold responsible parties liable for your damages. The sooner they can start their investigation, the more likely they will be to collect the necessary evidence while it is still available.

To prove negligence, your attorney must prove that the at-fault parties failed to behave with the level of care a reasonable person would in the same situation. Negligence begins by establishing that the party owed you a duty of care, which is a legal obligation for the safety of others. For example, motorists have a duty of care to follow traffic laws to keep other drivers on the road safe.

If the party did not owe you a duty of care, they cannot be held liable for your injuries. However, if your legal team does show that the legal duty existed, the next step is to show the party breached that duty. In the above example, a driver who fails to obey speed limits or other traffic laws may be guilty of a breach of duty.

Finally, you must link the breach directly to the accident, known as causation or cause-in-fact. Accident victims must link the party's conduct to the injury, using evidence and expert testimony. You must also show you suffered real harm, using medical records and other evidence to document the nature and severity of your injuries.

When multiple parties contributed to your accident, your lawyer must prove negligence in each case to hold all the at-fault parties liable for your injuries and related losses. It can be complex and time-consuming to prove shared liability, but it also allows accident victims to seek compensation from every party that played a role in their injuries.

Under Texas law, responsible parties are each liable for a portion of your damages based on their percentage of fault for your accident. For example, a motorist may be 75% at fault for speeding through a work zone, while the construction company may be 25% at fault for failing to post clear warnings about the roadwork.

You can even seek damages if you were partly at fault for your accident, if your portion of responsibility is less than 51%. However, your damages will be reduced by your percentage of fault. Damages you can seek after an accident include:

• Medical expenses
• Lost wages and earning capacity
• Pain and suffering
• Property damage
• Disability or disfigurement
• Reduced quality of life

Accidents can happen without warning in Texas, changing your life in an instant. It can be difficult to know what to do when you are in pain and struggling to survive. Read our law firm’s client reviews to see how we’ve helped others in similar circumstances. Then call Carabin Shaw toll-free at 1-800-862-1260.

For more information:

• Texas Statutes 33
• Cornell Law School - Negligence
• Cornell Law School - Cause in Fact