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Serving Clients in Humble, Houston & The Woodlands
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Serving Humble, The Woodlands & Houston

for Nearly 40 Years

How to Tell if Liability is Clearly Established - From the Perspective of an Injury Lawyer

If you have been in a car wreck, an injury lawyer can help you with the case and provide direction on whether or not you or the other party is liable. In some cases, this is simpler than others, and it is important to understand the type of case that you have. Many people make the mistake of thinking that liability will be clear to the court, when often it is not.

Here are the types of cases that we frequently see along with how liability is determined:

  • Pedestrian accidents. If you have gotten hit by a car, you likely have an injury case. The extent of your injuries will determine how you want to proceed, but the first step is for you to get medical attention so that you can feel better. Surprisingly, when a pedestrian is hit, the driver is not always to 100 percent fault. If, for example, you were walking in the middle of the road at night, you may have some responsibility for the accident. Sometimes the court will assign shared liability so it is important to hire an attorney right away so that you can get the compensation you deserve.
  • Rear end accidents. Drivers are supposed to keep a distance of 3 seconds between them and the next vehicle. As such, it is typically easier to prove liability with rear end accidents. There are exceptions but for the most part, if you were rear-ended the other driver will be blamed. As a personal injury lawyer, we don't take anything for granted, so we still recommend working with an attorney. This is especially important if the other driver is claiming that you were driving erratically.
  • Accidents while turning. If one driver was making a left turn and the other was going straight, the driver turning is typically blamed for the accident. The challenge is that the driver turning will attempt to claim that the other driver was speeding, driving erratically, and should have seen them coming. This is a flimsy argument but sometimes it works so if you were hit, call a lawyer. They could also try to point liability your way if they were doing a U-Turn. Our recommendation is that you don't assume they will be blamed or that they will admit fault. Always assume that they will try to blame you, regardless of how clearly they are responsible for the accident.
  • Drunk driving. If the other party was intoxicated during the accident, they would typically be held liable for a car crash. There are some exceptions, for example if you rear-ended them, but for the most part they will be held responsible as long as their intoxication was documented.

As a personal injury lawyer, we know that people will typically try to get off the hook for causing an accident. Insurance companies have financial motivation for minimizing their own personal liability since most of the time; it isn't the driver that pays but the insurance company. This is something to keep in mind after being in an accident. You, as a victim, are going up against the insurance company – not the individual that hit you. With this in mind, schedule your consultation today.