Car Accident Liability FAQs

After a car accident, understanding liability can be confusing, especially when it comes to determining who’s at fault and what that means for your case. This FAQ page is designed to give accident victims the information they need to understand better liability and what steps to take moving forward. We’ve gathered the most common questions about car accident liability to help guide you through this critical aspect of your claim so you can make informed decisions about your next steps.

At the Cain Firm, we understand the stress and uncertainty that come with car accidents, which is why we’ve created this page to provide clarity and support. If you still have questions or need help navigating your case, our experienced legal team is here to help. Contact us today for a free consultation.

Frequently Asked Questions About Car Accident Liability

• How is fault determined in a Texas car accident?
• What is the requirement for minimum insurance coverage in Texas?
• What is the statute of limitations for car accidents in Texas?
• What are comparative negligence laws?
• How is fault determined in a head-on collision?
• What compensation can I collect?
• What are common causes of head-on collisions?
• What are common head-on collision injuries
• What is no doubt liability?
• What are the components of negligence?
• Who is at fault for a driverless car accident?
• What are common injuries from driverless car accidents?
• What causes driverless car accidents?
• What compensation can I collect after a driverless car accident?
• How do I prove I wasn’t responsible for my accident?
• Are driverless vehicles safe?
• Who can be held liable for a rear-end collision?
• What compensation can I collect in my rear-end collision lawsuit?
• What are common rear-end accident injuries?
• How can you prevent a rear-end collision?
• How can a Texas personal injury attorney assist me in my rear-end accident case?
• Who can be held liable in a drunk driving accident?
• Can multiple parties be held liable?
• What are the laws regarding drunk driving in Texas?
• What is the DSA Burden of Proof?
• Why is it critical to take pictures after a car accident?
• Which type of pictures should a driver take?
• How will an attorney use auto accident photos?
• What is modified comparative fault (comparative negligence)?
• Why do insurers work to keep costs low?

How is fault determined in a Texas car accident?

Unfortunately, car accidents are very common and happen every single day. This is no exception in the state of Texas. If you have been involved in a collision, you may want to speak to an attorney to initiate a lawsuit, especially if you sustained a personal injury and your vehicle has suffered damages. It’s important to know how fault is determined in your state to be able to prove your case.

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What is the requirement for minimum insurance coverage in Texas?

Texas is one of the states that requires all drivers to buy auto insurance as per its financial responsibility law. Generally speaking, the minimum amount that a driver is required to have is $30,000 for bodily injury and $25,000 for property damage. In the event that the minimum insurance coverage amount is not sufficient to compensate the injured party, that individual has the right to sue for the difference.

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What is the statute of limitations for car accidents in Texas?

Just as all the states in the country have a statute of limitations for filing a lawsuit, Texas does as well. This is the period of time in which a lawsuit can be initiated and is two years from the date of the car accident. If the injured party does not file a lawsuit within that time frame, they will be unable to present their case and will not receive compensation for their injuries and/or vehicle damage.

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What are comparative negligence laws?

In order to prove fault in a car accident in the state of Texas, it’s important to know that there is a law known as comparative negligence. In general, if it is completely obvious who was at fault for the accident, the injured party can claim compensation for their medical bills, vehicle damage, lost wages, and other losses directly through the other person’s auto insurance carrier. However, if it is found that the plaintiff was also partially at fault for the accident, things go a bit differently.

Texas has a rule known as modified comparative fault, which means that both parties share the blame for an accident. Generally, the blame is split in terms of how much at fault each person is found to be. For example, if an accident took place where the defendant ran a stop sign but the plaintiff was traveling just slightly over the speed limit, the latter might be considered 10 percent at fault. In other words, if the plaintiff was claiming $10,000 in damages, they would receive $9,000 to make up for their 10 percent responsibility for the accident.

In addition to this, if the injured party is found to be more than 50 percent at fault for a car accident in Texas, they would not receive any compensation. This also stands true for cases where the plaintiff attempts to go through an insurance company to receive compensation for their damages. To that end, it’s important to speak with a skilled Texas personal injury attorney like Brett Cain if you are in such a situation.

Contact the Cain Firm at your earliest convenience to discuss your case today. Brett Cain will provide you with the best legal expertise and help you to get your claim started. He will inform you of the best legal course of action and ensure you understand the laws involved in your case.

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How is fault determined in a head-on collision?

Determining fault in a head-on collision can be complex, especially under Texas’ modified comparative negligence rule. Fault is assigned based on each driver’s level of responsibility, and compensation is affected accordingly. Various factors, evidence, and even third-party liability may come into play when determining who is at fault. Below are the key aspects considered in these cases:

• Modified Comparative Negligence Rule – Each driver’s fault is assessed on a scale from 0% to 100%. If a driver is more than 50% at fault, they cannot recover damages.
• Key Factors Considered – Speed, intoxication, distractions, traffic law violations, and failure to yield.
• Evidence Used – Police reports, witness statements, photos, video footage, and expert testimony.
• Shared Fault – If both parties are partially at fault, damages are awarded based on their percentage of responsibility.
• Potential Third-Party Liability – Manufacturers or government entities may also be liable in some cases.
• Legal Assistance – An attorney can help ensure fair compensation and navigate Texas’ negligence laws.

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What compensation can I collect?

Head-on collision accidents can be tragic and often cause serious injuries, resulting in extensive medical expenses, lost wages, and other financial losses. If you have been injured in a head-on collision due to someone else’s negligence or recklessness, you may be eligible for compensation. The most common forms of compensation you can seek in a head-on collision accident lawsuit include:

• Medical Expenses: Medical expenses are the most common form of compensation sought after in a head-on collision accident lawsuit. This includes all past and future medical bills associated with the injury, such as hospital stays, doctor visits, medication costs, and physical therapy. If you have been injured in a head-on collision accident, it’s important to keep all your medical bills and records for your case.
• Lost Wages: If you are unable to return to work due to your injuries, you can seek compensation for lost wages. This includes the amount of money you would’ve earned if you had not been injured, as well as any future earnings that may be lost due to the injury.
• Pain and Suffering: In addition to financial losses, victims of head-on collision accidents can also seek compensation for pain and suffering. This includes emotional distress, anxiety, depression, or other forms of mental anguish. To successfully claim pain and suffering, you must be able to prove that your injury has had an impact on your life.
• Punitive Damages: In some cases, punitive damages may also be available. This type of compensation is awarded in cases where the defendant’s actions were particularly egregious or malicious. It is meant to punish the defendant and deter them from similar behavior in the future.

Head-on collision accidents can be devastating, both physically and financially. If you have been injured in a head-on collision due to someone else’s negligence or recklessness, you may be eligible for compensation. It is important to reach out to an experienced personal injury lawyer who can help you understand your rights and make sure that you receive the full amount of compensation that you deserve.

Other Forms of Compensation:

In addition to the types of compensation listed above, there are a few other forms that may be available in some cases. These include loss of consortium (loss of companionship or emotional support), loss of services (when an injury prevents someone from performing household duties or providing childcare), and property damage (to repair or replace damaged items).

If you have been injured in a head-on collision, it is important to seek legal help as soon as possible. An experienced personal injury lawyer can help you understand your rights and make sure that you receive the full amount of compensation that is owed to you. Don’t let yourself become a victim twice – get the justice and compensation you deserve!

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What are common causes of head-on collisions?

Head-on collisions are some of the most dangerous and devastating crashes on Texas roads. Head-on collisions account for around 2.5 percent of all traffic fatalities in the Lone Star State each year. To help raise awareness about the causes of these accidents and take steps to reduce their frequency, here’s a look at some of the most common causes of head-on crashes.

• Poor Road Conditions: Poor road conditions, such as wet or icy roads, can contribute to the risk of a head-on crash. Drivers must pay close attention to their surroundings and adjust their speed accordingly if they encounter hazardous road conditions while driving.
• Distracted Driving: Distracted driving is another significant factor in head-on collisions. When drivers take their eyes off the road or their hands off the wheel, they are often unable to react quickly enough if a dangerous situation arises in front of them. Drivers need always to remain focused and alert while driving.
• Impaired Driving: Impaired driving is a significant problem in many states, including Texas, and it can have tragic consequences. Drunk drivers often lose control of their vehicles, which can lead to a head-on collision with another vehicle. It’s always important to plan for a safe ride home if you’ve been drinking or using drugs so that you don’t put your life and the lives of others at risk.
• Speeding: Speeding is another common cause of head-on collisions, especially on highways and rural roads. When drivers exceed the posted speed limit, they can lose control of their vehicles or be unable to maneuver around hazards quickly enough. It’s essential always to obey the speed limit and drive at a safe speed for conditions.
• Inattentive Drivers: Inattentive drivers often fail to notice oncoming traffic or other hazards until too late. This can lead to a head-on collision with another vehicle, so drivers need to pay attention and be always aware of their surroundings while driving.

Head-on collisions can have devastating consequences, but by understanding the most common causes of these accidents and taking steps to reduce the risk, we can all help make Texas roads safer. Always drive defensively, obey the speed limit, and never drive while impaired to reduce your risk of a head-on collision. Remember always to pay attention and be aware of your surroundings while driving to avoid becoming involved in a serious accident.

In addition to avoiding these causes, drivers should also practice defensive driving habits such as maintaining an appropriate following distance and scanning the road ahead for potential hazards. This will give you more time to react if a dangerous situation arises, such as another vehicle crossing over into your lane. By being aware of these potential causes and taking precautions to avoid them, we can all help make Texas roads safer.

Practicing good driving habits is essential to reducing the risk of a head-on collision. Always obey the speed limit, avoid distracted driving, stay alert and aware of your surroundings, and never drive while impaired. Following these simple guidelines will help ensure that you get to your destination safely–every time.

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What are common head-on collision injuries?

Head-on collisions are among the most severe types of car accidents, often resulting in serious or life-threatening injuries. Common injuries include:

• Broken bones – Fractures caused by the force of impact.
• Lacerations – Cuts from shattered glass, metal, or other sharp objects.
• Soft tissue injuries – Bruises, sprains, and torn muscles or tendons.
• Traumatic brain injuries (TBI) – Head trauma that disrupts brain function.
• Spinal cord injuries – Can lead to paralysis or loss of sensation.
• Internal organ damage – Blunt force trauma affecting the chest, abdomen, or other vital areas, potentially causing internal bleeding.

Immediate medical attention is critical for these injuries, as they can have long-term consequences. If you or a loved one has been involved in a head-on collision, consulting an experienced attorney can help you pursue compensation for medical expenses and other damages.

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What is no doubt liability?

If an accident results in serious damage to a vehicle, injury, or death, you are required by the Texas Transportation Code to immediately report it to the authorities. An investigation of the accident and a police report will follow. There are certain types of accidents that are almost always ruled the other driver’s fault. These collisions are referred to as no-doubt liability and are generally easy to prove. Some examples of no-doubt liability include:

• Left turn accidents: A driver making a left turn is always at fault unless you broke traffic laws (usually speeding or failing to observe traffic lights) at the time of the accident.
• DUI crashes: Driving under the influence of drugs and alcohol is illegal in every state and will make you liable for any accident you are involved in.
• Rear-end collisions: Unless you contributed to the accident by breaking traffic laws or negligent car repair (your brake lights or turn signals aren’t working), the other driver is always at fault for a rear-end collision.

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What are the components of negligence?

Most accidents are not that easy to prove. Since Texas is a Modified Comparative Negligence state, proving the negligence of the other driver is necessary for compensation. Modified comparative fault means that both parties will be investigated as having a percentage of fault in the accident. If you are found to be partly at fault, that percentage will be extracted from your claims. For example, if you were found to be 25 percent responsible for the accident, you would only recoup 75 percent of your losses that resulted from the accident. However, if you were found to be more than 50 percent responsible, you would receive no compensation.

If you had no fault in the accident, the other driver’s negligence must be proven by certain components.

• A duty of care: In the case of traffic accidents, a duty of care means all drivers are expected to obey all traffic laws.
• Breach of duty: It must be proven that the defendant breached the duty of care by breaking traffic laws or other unsafe driving practices.
• Causation: Usually the most difficult to prove, causation means that the defendant’s specific breach of duty caused the damages to your property or person.
• Damages: The calculation of losses and costs of the plaintiff put into monetary amounts. The inability to calculate this could result in compensation being reduced or denied.

Proving these components may require evidence from different sources. Your legal team may examine the police report, question witnesses, and investigate the scene of the accident. It is important to retain all medical records and bills associated with the accident, as well as receipts for vehicle repairs. If you’ve been injured in an accident, it’s important to have an advocate with expertise in Texas injury laws. Contact the Cain Firm to learn more about your rights to compensation. Another driver’s negligence shouldn’t become your financial burden. Contact Brett Cain today for a free consultation.

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Who is at fault for a driverless car accident?

Liability for a driverless car accident can involve multiple parties, including:

• Manufacturers & Sellers – Responsible for design or manufacturing defects and inadequate warnings or instructions.
• Parts Suppliers & Service Providers – Liable if faulty components, improper installations, or modifications contributed to the crash.
• Software Developers – Accountable if programming errors caused the accident.
• Vehicle Owners & Operators – May be liable if they fail to maintain the vehicle or misuse its autonomous features.
• Government & Road Authorities – Could be responsible if poor road conditions or regulatory failures played a role.

Determining fault requires analyzing all contributing factors, including vehicle malfunctions, human oversight, and environmental conditions.

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What are common injuries from driverless car accidents?

Driverless cars are becoming increasingly popular, with many people turning to these vehicles as a safer and more reliable form of transportation. However, while they may be equipped with advanced technology that can reduce the risk of accidents, driverless car accidents are still possible — and when they do occur, a variety of different types of injuries may result.

• Whiplash – Caused by sudden stops or collisions, leading to neck strain.
  • Symptoms: Neck and shoulder pain, dizziness, headaches, blurred vision, fatigue.
• Soft Tissue Damage – Impact-related injuries affecting muscles, ligaments, and tendons.
  • Symptoms: Swelling, pain, bruising, loss of mobility.
• Fractures – Direct trauma or violent force can break bones.
  • Symptoms: Intense pain, swelling, tenderness at the fracture site.
• Traumatic Brain Injuries (TBIs) – Caused by the head being violently jarred during an accident.
  • Symptoms: Mild confusion, headaches, severe impairments, coma, or even death.

While driverless cars aim to reduce accidents, injuries can still occur. Understanding these risks can help individuals seek proper medical attention when needed.

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What causes driverless car accidents?

Driverless cars are equipped with advanced technology and sensors, but unfortunately, even these vehicles cannot avoid accidents in all cases. The most common causes include:

• Technological Failure or Malfunction – Software glitches or hardware failures can prevent safe operation. Examples include faulty camera sensors, outdated mapping data, and misinterpretation of surroundings.
• Poor Road Infrastructure – Inadequate road conditions can confuse autonomous systems. Examples include faded markings, missing signage, potholes, and debris.
• Reckless Driving by Human Drivers – Self-driving cars follow traffic rules, but human drivers may not. Examples include speeding, running red lights, and failing to yield.

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What compensation can I collect after a driverless car accident?

Injured victims of Texas driverless car accidents can pursue several types of compensation to help cover medical expenses, lost wages, and other losses. These include economic damages such as medical bills, lost wages, and future earning capacity; non-economic damages like pain and suffering; and punitive damages in cases involving gross negligence or recklessness.

Economic damages cover financial losses related to the accident.

• Medical expenses – Past and future medical costs.
• Lost wages – Compensation for missed work due to injury.
• Future earning capacity – If injuries prevent future employment.

Non-economic damages compensate victims for intangible losses.

• Pain and suffering – Physical and emotional distress.
• Disability or disfigurement – Lasting physical impairments.
• Punitive Damages – Awarded in cases of gross negligence or recklessness.

Injured victims of Texas driverless car accidents should consult an experienced attorney to determine the best course of action for their case. An attorney can assess the full extent of damages in a driverless car accident and help fight for the compensation the victim deserves. It is important to act quickly because Texas law limits how long injured parties have to file a case against responsible parties. By consulting with an experienced lawyer, victims can ensure they are taking all steps necessary to get adequate compensation following their accident.

The types of compensation available to victims of Texas driverless car accidents depend on a variety of factors, including the severity and extent of injuries suffered, as well as any negligence or recklessness on the part of the at-fault party.

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How do I prove I wasn’t responsible for my accident?

The Texas legal system is designed to ensure that all drivers are held accountable for any accidents they cause. However, when it comes to driverless cars, the traditional rules don’t always apply. To determine responsibility in a Texas driverless car accident injury case, victims must first prove that the autonomous vehicle was at fault for the incident.

Fortunately, most driverless cars are equipped with cameras that record what happened before, during, and after an accident. This data can be used as evidence to show that the car malfunctioned or a human failed to take control of the vehicle in time.

Additionally, witnesses can provide valuable testimony about what happened from their perspective. Police reports may also help the victim’s case by providing further details such as the speed of the car at the time of the crash or any traffic violations that may have occurred.

In addition to gathering evidence, victims of a Texas driverless car accident should ensure they get all medical and financial records related to their injury. These documents can be used to prove the extent and cost of their suffering due to the accident. Furthermore, having a lawyer with experience in autonomous vehicle law is invaluable for any victim looking to receive compensation for their damages.

By understanding how responsibility is determined in a Texas driverless car accident injury case and gathering all relevant evidence, an injured victim can successfully prove that they were not responsible for the incident and seek justice for their injuries.

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Are driverless vehicles safe?

Driverless vehicles in Texas must follow the same traffic laws as human-driven cars, including speed limits, traffic signals, and lane markings. They navigate using radar, lidar, GPS, odometry, and computer vision, allowing them to detect and avoid obstacles, vehicles, and pedestrians.

While these vehicles offer safety benefits by reducing risks from distracted driving and human error, they must also adhere to state road rules, including traffic control devices and signage. However, widespread deployment requires further regulation and enforcement to ensure safety.

Thorough testing is essential before these vehicles can operate on Texas roads, helping identify potential issues and ensuring compliance with safety standards. Policymakers must establish clear regulations before driverless cars become commonplace.

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Who can be held liable for a rear-end collision?

• The At-Fault Driver: The most obvious party that may be held liable in a rear-end collision personal injury lawsuit is the at-fault driver. In Texas, drivers have a legal duty to operate their vehicles safely and follow traffic laws. If a driver fails to do so and causes a rear-end collision resulting in injuries, they may be liable for their negligence.
• The Vehicle Owner: In some cases, the owner of the vehicle involved in the rear-end collision may also be held liable. This is because, in Texas, vehicle owners have a legal responsibility to ensure that their vehicles are properly maintained and safe to drive. If an owner fails to maintain their vehicle and this leads to a rear-end collision, they may also be held liable for any resulting injuries.
• The Employer of the At-Fault Driver: If the at-fault driver was operating a vehicle as part of their job duties at the time of the rear-end collision, their employer may also be held liable. This is known as vicarious liability, and it holds the employer responsible for the actions of their employee while they are working. However, this only applies if the driver was acting within the scope of their employment at the time of the accident.
• The Government Agency Responsible for Road Maintenance: In some cases, a poorly maintained road or hazardous condition may contribute to a rear-end collision. If this is the case, the government agency responsible for road maintenance may be liable. However, filing a lawsuit against a government agency can be complex, and strict deadlines must be followed.
• Manufacturer of Defective Vehicle Parts: Lastly, if a defective vehicle part caused or contributed to the rear-end collision, the manufacturer of that part may also be held liable. This could include faulty brakes, tires, or other equipment that failed to function properly and caused an accident.

If you’ve been injured in a rear-end collision in Texas, multiple parties may be liable. Seeking legal representation from an experienced personal injury attorney is crucial to determining fault and securing compensation.

Since Texas has a statute of limitations for personal injury claims, it’s important to act quickly. A skilled attorney can guide you through the legal process, protect your rights, and help you achieve the best possible outcome.

Prioritize your recovery while a legal team works on your behalf. Don’t wait—contact a trusted personal injury lawyer today to explore your options and pursue the compensation you deserve.

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What compensation can I collect in my rear-end collision lawsuit?

If you have sustained injuries in a rear-end collision, you may be eligible for various forms of compensation. These can encompass:

• Medical Expenses: This covers all medical costs associated with your injuries, including emergency care, hospitalization, doctor’s visits, physical therapy, and any required medication or treatments.
• Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for the income you have lost, both present and future, because of your injuries.
• Pain and Suffering: Injuries from a rear-end collision can cause not only physical pain but also emotional distress. Compensation for pain and suffering considers the seriousness of your injuries, their impact on your daily life, and the mental anguish you may have endured.
• Property Damage: If your vehicle or personal property was damaged in the rear-end collision, you may be eligible for compensation to cover the costs of repairs or replacement.
• Punitive Damages: In rare cases where the at-fault party’s actions were particularly egregious or reckless, punitive damages may be awarded to punish them and deter similar behavior in the future.

It is important to note that every case is unique, and the amount of compensation can vary significantly depending on the specific circumstances. Seeking the guidance of an experienced personal injury attorney can help you understand the types of compensation applicable to your situation and ensure you receive full and fair compensation for your injuries and losses.

To sum up, being involved in a rear-end collision can have severe consequences, including physical injuries, property damage, and emotional distress. However, by understanding your rights and the potential forms of compensation available, you can take steps toward seeking justice and recovering from your losses.

Do not hesitate to reach out to a knowledgeable personal injury attorney for guidance and representation in your rear-end collision lawsuit. Your well-being is important, and you deserve the best possible outcome for your case. Act today to protect your rights, as time is of the essence in personal injury cases.

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What are common rear-end accident injuries?

Now that we have discussed the potential parties who may be held liable in a rear-end collision let’s dive into the most common injuries suffered in these types of accidents. These include:

• Whiplash: Whiplash is one of the most prevalent injuries in rear-end collisions. It occurs when the head and neck are quickly jerked forward and then back, causing strain to the muscles and ligaments in the neck. Symptoms of whiplash include neck pain, stiffness, headaches, and dizziness.
• Back Injuries: Like whiplash, back injuries can occur when the body is forced into sudden movements during a rear-end collision. These injuries can range from strains and sprains to more severe issues such as herniated discs or spinal cord damage.
• Head and Brain Injuries: The impact of a rear-end collision can cause the head to hit the steering wheel, dashboard, or other objects within the vehicle. This can result in a range of injuries, from concussions and lacerations to more severe traumatic brain injuries.
• Facial Injuries: Broken bones, lacerations, and other facial injuries can occur in a rear-end collision due to the deployment of airbags or impact with loose objects within the vehicle.
• Internal Injuries: The force of a rear-end collision can also cause damage to internal organs, leading to potentially serious or life-threatening injuries.

In addition to these physical injuries, victims may also experience emotional distress and psychological trauma because of the accident. These injuries can have long-lasting effects on a person’s well-being and may require ongoing treatment.

If you have sustained any of these injuries or others not mentioned, it is crucial to seek medical attention immediately after the accident. Even if your symptoms seem minor at first, they can worsen over time without proper treatment. Additionally, seeking medical attention can provide documentation of your injuries, which is crucial when seeking compensation in a personal injury lawsuit.

Overall, rear-end collisions can result in a wide range of injuries that can have significant physical, emotional, and financial impacts on victims. It is essential to understand your rights and the potential forms of compensation available so that you can receive appropriate treatment and hold the responsible parties accountable for their actions.
Make sure to consult with a personal injury attorney for guidance and representation in your rear-end collision lawsuit and take the necessary steps toward achieving justice and recovery.

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How can you prevent a rear-end collision?

While understanding your rights and seeking legal assistance is crucial after a rear-end collision, it is also essential to take preventative measures to avoid such accidents in the first place. Some steps you can take to reduce the risk of being involved in a rear-end collision include:

• Maintaining a Safe Distance: Always maintain a safe distance from the vehicle in front of you, especially when driving at high speeds or in inclement weather. This will allow you enough time to stop or maneuver if needed.
• Avoiding Distractions: Distracted driving is a leading cause of rear-end collisions. Avoid activities that take your attention away from the road, such as texting, eating, or adjusting the radio.
• Keeping Your Vehicle in Good Condition: Regularly maintain and service your vehicle to ensure all equipment is functioning correctly. Faulty brakes or other mechanical issues can increase the risk of being involved in a rear-end collision.
• Being Alert and Prepared: Always be aware of your surroundings while driving and anticipate potential hazards. This will allow you to react quickly if a vehicle suddenly stops in front of you or other unexpected situations arise.

By following these preventative measures, you can help reduce the risk of being involved in a rear-end collision and ensure the safety of yourself and others on the road. Remember, safe driving is not just about following traffic laws but also being aware and prepared for potential hazards.

Rear-end collisions can result in various injuries and losses for victims, but understanding your rights and seeking appropriate compensation can help ease the burden. Additionally, taking preventative measures to avoid such accidents can ensure the safety of yourself and others on the road.

If you have been involved in a rear-end collision, do not hesitate to seek medical attention, and consult with a personal injury attorney for guidance on seeking justice and recovering from your losses.

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How can a Texas personal injury attorney assist me in my rear-end accident case?

A Texas personal injury attorney can play a crucial role in your rear-end car accident case by providing guidance and representation throughout the legal process. They have the knowledge and experience to handle all aspects of your case, from gathering evidence to negotiating with insurance companies and representing you in court if necessary.

Some specific ways a personal injury attorney can assist you include:

• Investigating the Accident: Your attorney will thoroughly investigate the accident to gather evidence such as police reports, witness statements, and medical records. This evidence can be crucial in establishing liability and determining the extent of your injuries.
• Negotiating With Insurance Companies: Dealing with insurance companies can be overwhelming and confusing for those not familiar with the legal system. Your attorney can handle all communication and negotiations with insurance companies, ensuring they do not take advantage of you or offer a low settlement.
• Determining Liability: Rear-end collisions can involve multiple parties, including the driver who rear-ended you, their insurance company, and potentially other entities responsible for maintaining safe road conditions. Your attorney will thoroughly assess the details of your case to determine liability and hold all responsible parties accountable.
• Seeking Appropriate Compensation: Your attorney will fight for the compensation you deserve, considering all your losses, including medical expenses, lost wages, pain and suffering, and other damages.

A Texas personal injury attorney can provide invaluable assistance in your rear-end car accident case. They can help you navigate the complexities of the legal system and ensure your rights are protected while seeking the compensation you need to recover from your losses. Do not hesitate to seek their guidance and representation if you have been involved in a rear-end collision in Texas.

The role of a Texas personal injury attorney is crucial in helping victims of rear-end car accidents seek justice, recover from their losses, and prevent such accidents from occurring in the future.

Remember, your safety and well-being should always be a top priority, and do not hesitate to seek legal assistance if you have been involved in a rear-end collision. Stay alert and drive safely!

The road belongs to everyone, so let’s work together to make it safe for all. Let’s prevent rear-end collisions and ensure justice for those who have been affected by them. Consult with a personal injury attorney today and take the necessary steps toward achieving justice and recovery.

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Who can be held liable in a drunk driving accident?

Under the Texas Alcoholic Beverage Code (TABC), the Dram Shop Act (DSA) refers to an establishment or event where alcoholic beverages are sold and consumed. Under the DSA statutes, bars, restaurants, or event hosts providing the alcohol could be held liable for injuries or damages caused by an intoxicated driver.

Texas court systems uphold stringent assessments in determining liability percentages for each party involved in a drunk driving accident. A Granbury drunk driving accident lawyer can help with the legal process to prove liability and obtain evidence.

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Can multiple parties be held liable?

In injuries involving an intoxicated driver’s negligence, it’s possible that the alcoholic beverage establishment could be held liable for a portion of the injuries and damages.

However, it’s not as easy as it sounds. There must be evidence that the individual serving the alcoholic beverage knew that the imbibing individual (i.e., a drunk driver) was visibly intoxicated when leaving the facility.

If intoxication is the cause of an accident or injury, you may need to speak with a Texas drunk driving crash lawyer.

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What are the laws regarding drunk driving in Texas?

Legal Limits & Zero Tolerance

In Texas, it is illegal for drivers 21 and older to operate a vehicle with a blood alcohol concentration (BAC) of 0.08 or higher.

Texas follows a zero-tolerance policy for drivers under 21, meaning any trace of alcohol in their system is a violation of the law.

Liability in a Drunk Driving Accident

An intoxicated driver is legally responsible for their decision to drive under the influence (negligence) and can be held liable for any accident they cause.
If you are injured in a drunk driving accident, seeking legal representation is crucial to protect your rights and pursue compensation.

Investigation & Legal Definition

The investigation process is key to building a strong case. It must gather details about the accident and events leading to the crash.

According to Texas Penal Code Title 10, Chapter 49, a driver is legally intoxicated if:

They lack the normal use of mental or physical faculties due to alcohol or drugs.

Their BAC is 0.08 or higher.

Criminal & Civil Consequences

A driver caught over the legal BAC limit may face misdemeanor or felony charges and civil liability for accident-related damages.

Possible penalties include:

• Compensation for injury and damages to victims
• Up to one year in jail
• Two-year driver's license suspension
• Up to a $5,000 fine

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What is the DSA Burden of Proof?

A Texas drunk driving crash lawyer can explain how the DSA law applies to your case. A drinking establishment could be liable for driving accident injuries resulting from extreme consumption of alcohol if employees fail to uphold their duties.

Under Texas Public Law, Section 106.14 of TBAC, Actions of an Employee cites a clause known as safe harbor. It protects an establishment if these specific employee requirements are met.

• Certification from a TABC-approved training program.
• Employee attendance of the program.
• Employer does not encourage violations of the DSA.

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Why is it critical to take pictures after a car accident?

Photographs offer some of the most crucial evidence in an auto accident case, and they may help a Granbury car accident lawyer in their role as a client advocate. Specifically, pictures may show:

• Vehicle damage
• Personal injuries
• Environmental factors contributing to the accident
• Other information used by accident reconstruction team members

It’s important to take as many photos as possible and document the following aspects.

• Exterior and interior damage to both parties and vehicles
• Bodily injuries arising from the crash and during recuperation
• Roadside debris
• Skid marks near the crash site
• Traffic signs and signals
• Construction materials, markers, and cones
• Proof of bad weather
• License plates of all involved drivers

A Texas auto accident lawyer will use these photos to document a client’s injuries and economic losses with the goal of achieving a fair outcome.

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Which type of pictures should a driver take?

The time after an auto accident can be quite chaotic, and in many instances, a driver may be somewhat disoriented. However, with good photos from a variety of angles, an accident reconstruction team and a Texas car wreck lawyer can develop theories about the crash. Below are a few tips on taking effective photos:

• Take multiple shots of each factor
• Get photos from various distances. Take a panoramic picture of the entire scene.
• Take photographs from a range of heights and angles, as they may provide additional information on injuries and property damage.

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How will an attorney use auto accident photos?

At the Cain Firm, the entire team is committed to helping Texans who have suffered auto accident injuries. The firm’s attorneys want to ensure clients' preparedness in the event of an accident, and taking photos is an important step. A car accident lawyer will use these photos as proof that the other driver caused the crash, which will help as compensation is sought.

Auto accidents may only last a few seconds but often have lifelong effects on victims and their families. With help from a Texas auto accident lawyer, these victims may be better able to get the settlements they deserve. Fill out the online contact form or call today to request an initial consultation.

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What is modified comparative fault (comparative negligence)?

Modified comparative fault, also known as comparative negligence, is a legal rule that affects how much compensation you can recover after an accident. In Texas, this law allows insurance companies to reduce your settlement if you are found partially responsible for the accident.

Under Texas’ 51% bar rule, you can still recover damages as long as you are less than 51% at fault for the accident. However, your compensation will be reduced by the percentage of fault assigned to you.

For example:

• If another driver runs a stop sign and hits you, they are primarily at fault.
• But if you were speeding at the time, the insurance company might argue you share 30% of the blame.
• In that case, you would only receive 70% of your total damages.
• If you are found 51% or more at fault, you cannot recover any compensation.

Insurance companies often try to shift blame to reduce payouts, making it crucial to have an experienced attorney on your side. Understanding modified comparative fault can help you protect your rights and fight for the compensation you deserve.

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Why do insurers work to keep costs low?

In 2016, the National Safety Council reported that 4.6 million crashes required medical attention. Injury claims form a large share of insurance expenses. Most insurance representatives are professional and polite; they certainly don’t seem like they have bad motives. However, always remember that insurance adjusters work for the insurance company, not you. The adjuster is expected to settle the claim at the lowest ultimate cost, even if that means you don’t get all of your bills paid.

Going to court is very costly for insurers, and they would rather negotiate than incur the expense of a trial. Insurance companies are so reluctant to go to court that almost all cases are settled outside of court. In fact, according to the law dictionary, only four to five percent of cases are heard before a judge.

Very few consumers have any experience with this type of negotiation and are not prepared to go toe to toe with a powerful insurer. Brett Cain knows that good, hard-working people need help when it comes to facing down profit-oriented insurance companies.

Having a strong negotiator on your side is essential. Let Brett Cain and his team use their expertise to fight on your behalf to help you get what you are owed. Contact the Cain Firm today to schedule a free consultation.