How to Determine Liability in a Car Crash

If you’ve been involved in an auto accident, determining liability can be quite stressful and complicated. However, it’s a vital step in securing compensation if you believe that the accident was caused by someone else’s mistake or negligence. While you may be 100% certain that you were not at fault during the accident, insurance companies need more than just word to pay out the compensation you deserve.


When you’re involved in an auto accident, and you believe that it was caused by someone else’s negligence, your best chance of determining liability and securing compensation is to enlist the help of an experienced and reputable car accident lawyer.

Your lawyer will help you determine the liability of the other party through:

Proving Negligence

Unless the car accident was caused by a person intentionally, negligence is the legal term used to define when a person fails to perform a certain duty of care and thereby, causes injury or damage to another. When drivers take to the road, they are held responsible to act with a certain degree of care. In order to prove negligence, you and your attorney need to prove that the other driver involved in the accident:

· Could have avoided the accident had they been more careful.

· Failed to perform their duty of care by acting in a manner that endangered themselves and others.

· Violated their duty of care and directly caused the accident.

The actions that can be classified as negligence can be as obvious as running a red light or as subtle as failing to check their side mirrors before pulling out of a lane.

Proving Recklessness

Recklessness is the legal term used to describe instances where drivers operate motor vehicles in complete disregard of the safety of other drivers and pedestrians. Reckless drivers can be held liable when an accident occurs. They include:

· Drivers who’re driving under the influence.
· Drivers who’re street racing.
· Drivers who’re going more than 20 mph over the speed limit.
· Drivers who’re dangerously cutting in and out of traffic.
· Drivers who’re intentionally running over stop signs and red lights.

In many cases of reckless driving, the drivers were fully aware that they were driving in a manner that was dangerous to themselves and other road users, but they continued to do so. You should not be held responsible if the accident was caused by the recklessness of another driver.

Proving Intentional Misconduct

Intentional misconduct is the legal term used where a driver acts maliciously and intentionally causes harm to another driver. Like reckless drivers, drivers who’re found guilty of intentional misconduct are almost always held liable for any injuries or damages that were a consequent of their actions.

If you or a loved one has been the victim of an accident, get in touch with the experienced personal injury attorneys at The Estes Law Firm.
As one of the leading personal injury law firms in Houston, they can help you get the maximum possible settlement.

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