How Is Fault Determined in Fatal Car Accidents?
Fatal car accidents can leave surviving family members reeling. The emotional toll for those left behind can be compounded by legal questions that arise in the aftermath of the crash. It is crucial to understand how fault is determined in fatal car accidents. Navigating this complex process requires legal expertise and extensive knowledge of Texas law. We hope to shed light on accident investigations, the role of evidence, and the legal framework that governs how fault is assigned in these tragic situations.
What Are the Basics of Fault in Texas Car Accidents?
Texas follows an at-fault system for car accidents. The party who caused the accident is considered the at-fault driver and is responsible for covering damages. Negligence is a legal concept that means that a person’s actions or failure to act directly causes harm to another. It is vital to prove that the driver who caused the crash did something unreasonable or failed to do something they were legally obligated to do when assigning fault in an accident.
Elements of Negligence
Proving negligence in a Texas car accident involves these four key elements:
- Duty of care: All drivers on the road have a duty to adhere to traffic laws, drive responsibly, and operate their vehicles safely.
- Breach of duty: A driver breaches this duty when he or she does something unsafe, such as speeding, failing to yield, or running a red light.
- Causation: The at-fault driver’s breach of duty must have directly caused the accident. This is often the most contentious element, as it requires proving a clear connection between the driver’s actions and the fatal outcome.
- Damages: To be eligible to file a wrongful death claim, the fatal accident must have resulted in the death of a loved one.
Comparative Fault
State law on proportionate responsibility is found in the Texas Civil Practice and Remedies Code Section 33.001. This statute applies to property damage, personal injury, and wrongful death cases. Under the law, any claimant who is assigned a percentage of responsibility greater than 50% may not recover damages from the other party.
This means if your deceased loved one shared some responsibility for the crash, it does not automatically bar recovery, provided his or her share of fault was 50% or less. The family may still recover damages, although the recovery will be reduced proportionately to the percentage of fault.
What Is the Role of Law Enforcement and Experts in Investigating the Accident?
After a fatal car accident, the first step in determining fault typically involves an investigation by law enforcement. Officers will gather evidence from the scene, interview witnesses, and review any available photographs or camera footage. They may issue citations for traffic violations, which can be indications of fault. Police will often create an accident report outlining the key findings of their investigation. While this report can be pivotal, it is not necessarily the final word regarding fault. Although accident reports may suggest liability, they do not always reflect the full scope of the case.
Forensic experts may be called upon to help piece together the events leading up to the crash. Accident reconstruction specialists can use physical evidence obtained from the accident site, such as skid marks, vehicle damage, and the final resting positions of the vehicles, to recreate the collision. This can provide invaluable insight into how the accident occurred and who is to blame.
How Valuable Is Eyewitness Testimony?
Eyewitness testimony can be a key piece of the puzzle in determining fault. Witnesses nearby or at the accident scene may provide critical evidence about what happened just before and during the crash. For example, a witness may have seen a driver running a red light or swerving erratically, which could help establish fault.
However, memory can be unreliable, particularly in stressful situations, and different people may interpret events differently. The credibility of eyewitnesses may be scrutinized. Attorneys representing families in fatal car accidents can work with investigators to cross-check witness accounts and corroborate them with physical evidence.
What Is the Role of Experts in Fatal Car Accident Cases?
It is not uncommon for the investigation into a fatal car accident to involve a variety of experts. In addition to accident reconstruction specialists, the following experts in other fields can help clarify what occurred and establish fault:
- Mechanical experts: Some fatal car accidents are caused or exacerbated by mechanical failure. If a vehicle malfunctions because of a defective part, such as airbags that failed to deploy or brakes that failed to engage, a mechanical expert can analyze the vehicle to establish that the crash was not caused by driver error alone.
- Medical experts: Doctors and medical professionals can help establish the cause of death and whether the injuries sustained in the crash were consistent with the reported details of the accident. For example, if a person was ejected from the vehicle, medical experts can determine whether the injuries were survivable and whether the driver’s actions contributed to the death.
What Is the Legal Process for Determining Fault?
Determining fault in a fatal car accident may involve criminal and civil cases. If the driver who caused the fatal crash was intoxicated, speeding excessively, or engaged in reckless behavior, they may face criminal charges. Whether or not the at-fault driver is criminally charged, surviving family members have a right to file a wrongful death case in civil court. They must prove by a preponderance of the evidence that the at-fault driver was negligent and that their negligence directly caused the death of their loved one.
At DJC Law, we have extensive experience with investigating car accidents, establishing fault, and negotiating with insurance companies on behalf of our clients. We are seasoned trial lawyers who will go to court if necessary to fight for compensation and justice. Contact us at (888) 853-8169 if you have lost a loved one in a fatal car accident.
