After a car accident caused by someone else’s negligence, an injured Texas resident may know who is at fault but proving that in a court of law can become complicated. If fault is not demonstrated, then courts cannot hold the negligent party responsible for their behavior and receive compensation that can cover their medical expenses or lost wages.
A driver is found negligent if he or she fails to behave in a way a reasonable driver would behave in a similar situation. There are some car accidents in which fault is easier to ascertain than others.
- If a driver’s vehicle was hit from behind, it is more likely that the vehicle in the back was driving aggressively or was following too close behind. That rear-ending vehicle is likely to be at fault.
- If a drunk driver hits a car, then the intoxicated driver has behaved illegally and is likely at fault. He or she may also face criminal charges and have their license suspended as well.
- On the road, all drivers are supposed to be following traffic rules. This is part of acting like a reasonable driver. If someone is not obeying traffic signals, such as running a red light, rolling through stop signs or not yielding, then they are not acting reasonably.
- Texting while driving is illegal in most states. If an accident victim is hit by someone who was using their phone while driving, it might be possible to show they are acting negligently.
Proving fault in court can be complicated, even in cases that seem cut-and-dry like rear-end accidents. Gathering eye witness testimony and evidence can be difficult, especially as someone is trying to recover from their injury. Getting help from an experienced attorney might be one way for victims to get the compensation they deserve.