Determining Liability in a Car Accident Case

Two men looking at their damaged vehicles with a red caution sign in front in El Paso.

How to Determine Who Was At Fault for Your Injuries

If you are injured in a car accident, you may wonder who can be held responsible for your losses. Determining liability or legal responsibility can be challenging without the help of an attorney. A car accident attorney in El Paso can review your case and help determine who or what was to blame for the collision.

At The Aranda Law Firm, we represent individuals who have been seriously injured in car accidents throughout El Paso, TX. Our lawyers are well-versed in handling complex cases and will not rest until you receive the outcome you deserve. Were you or a loved one injured in a car accident? Contact us online or call (915) 996-9914 to schedule an appointment today.

How to Determine Fault in a Car Accident Case

Determining fault in a car accident case is not always easy. In some cases, liability is straightforward, such as when one car rear-ended another at a stop light because they were distracted. In others, it can be difficult to tell who or what caused the collision. In order to determine fault when it is unclear, you may have to rely on physical evidence and eyewitness testimony. An El Paso car accident attorney is also essential in building your case.

Evidence that may help prove your car accident claim:

 

Photos and videos from the scene. If you are able, it is a good idea to take pictures and videos at the scene of the accident. You should document the road condition and any damage to the vehicles. Physical evidence can help an El Paso car accident attorney reconstruct what happened immediately before the incident. Dashcam videos are also extremely helpful in car accident cases.

 

A police report. It is strongly recommended, and often required by law, that individuals involved in a car accident with an injury or death contact 9-1-1. A police officer will be dispatched to the scene to fill out an accident report. While not definitive, the police report may help determine who or what caused the accident.

 

 

Eyewitness accounts. Whether it is another motorist, a passenger, or someone standing by, eyewitness accounts can be essential in determining liability. A witness may be able to provide insight into what was going on right before the crash.

 

 

Maintenance records. You may need to provide proof that your vehicle was in good working condition prior to the collision. Maintenance records can help show that a defect was not responsible for your injuries.

 

In order to prove your injuries, you will need to provide a copy of your medical records. It is essential to seek and continue medical treatment immediately after a car accident and until you are released by a doctor or physician. Failure to get medical treatment can negatively impact your case and your right to recovery.

What If I Was Partially to Blame for the Accident?

Even if you were partially at fault for the accident, you may still be entitled to damages under Texas law with the help of a car accident attorney in El Paso. The Lone Star state follows the rule of modified comparative fault, meaning that a person may still obtain compensation for their damages as long as they are not more than 50% at fault for the accident. Your recovery, however, may be reduced in proportion to your percentage of the fault.

Injured in a Car Accident in El Paso? Contact Our Office Today.

Were you injured in a car accident in El Paso? Contact our office at (915) 996-9914 to schedule an appointment today. All case consultations are free and provided without obligation to retain our firm. 

We have decades of combined legal experience helping car accident victims obtain compensation for their injuries. Call now to get started. We proudly serve clients throughout El Paso and the surrounding areas.