In a traffic accident, who is at fault? If you have been involved in a traffic accident in Texas, you probably have this same question. Don’t worry, our team of expert lawyers at Abogado Dang – Accident Lawyers will answer this and other questions throughout this blog.

Our services are focused on helping car accident victims obtain justice for their injuries and losses. If you have been in an accident in Texas, you have rights regardless of your immigration status. Call us today and schedule your consultation in Spanish, which is also free and confidential.

Negligence, the fault in traffic accidents

Negligence in Texas refers to a driver’s failure to use reasonable care or caution, resulting in injury or damage to other people or property. Negligence law states that drivers have a legal obligation to operate their vehicles in a safe and prudent manner. They must also take into account road conditions, traffic, and other relevant circumstances.

What is considered negligent driving?

In the context of car accidents, negligence can manifest itself in various ways, such as:

• Distracted driving . This includes actions such as texting, talking on the phone, eating, or any other activity that diverts the driver’s attention from the road.
• Speeding . Driving at speeds above the legal limits or at speeds that are unsafe for road conditions may constitute negligence, especially if it results in an accident.
• Failure to yield . Failing to yield when required, whether at an intersection, crosswalk, or entering a highway, can result in serious accidents.
• Failing to obey traffic signs . Ignoring stop signs, red lights, or traffic signals can cause accidents and is considered negligence.
• Driving under the influence of alcohol or drugs . Driving under the influence of alcohol or drugs is one of the most serious forms of negligence and can result in criminal penalties in addition to civil liability.

When a driver is negligent and causes an accident, he or she may be held liable for the resulting damages. In Texas, the rule of comparative negligence applies to determining who pays in the event of a car accident, meaning that the compensation a person receives for a car accident may be reduced in proportion to the degree of responsibility they had for the accident.

How do we work at Dang to determine culpability?

Who is liable in a car accident? To assign liability in a car crash, an accident lawyer goes through a thorough process that involves gathering evidence, analyzing the facts of the case, and applying the relevant law. Here are some key steps an accident lawyer can follow to determine liability:

• Accident Investigation – Information about the accident is gathered, including police reports, witness testimony, photographs and videos of the accident scene, medical records of injuries and property damage, and more.
• Evidence Analysis . We carefully review the evidence to determine how the accident occurred and who may have been liable. This may involve accident reconstructions, scene analysis, and review of relevant records.
• Establishing Liability . Once the evidence has been gathered and the law has been applied, it is determined who or what parties might be liable for the accident. This may include drivers, vehicle owners, employers (in cases of commercial vehicle accidents), municipalities (in cases of dangerous road conditions), or others.
• Comparing Negligence . In cases where multiple parties may be liable, our team can compare each party’s negligence and determine how much fault each party bears. This is especially important in states like Texas, where the comparative negligence rule applies to determining compensation.
• Development of legal strategies . Based on the determination of liability, a legal strategy is developed to protect the client’s interests. This may involve negotiations with insurers, preparation for litigation in the event that a settlement is not reached, and representation in legal proceedings.

How much do the services of an expert lawyer cost?

At Abogado Dang – Accident Lawyers, you don’t pay us if you don’t win. This is because we work under a contingency fee basis, a payment structure in which an attorney receives an agreed-upon percentage of the compensation obtained as their fee for legal services. This model allows people to access legal representation without having to pay upfront, which reduces the victim’s financial risk.

Accident lawyer who protects the rights of victims

If you have suffered injuries, call Attorney Dang to give the insurance companies a Bang!

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How much compensation can I get?

In a Texas accident case, compensations can vary depending on the severity of the accident, the injuries sustained, and other factors specific to the case. However, typical compensations you could obtain include:

• Medical damages . This would cover past and future medical expenses related to the accident, such as doctor visits, surgeries, treatments, physical therapy, and medications.
• Lost Wages – If your injuries prevent you from working temporarily or permanently, you may be able to recover compensation for lost wages and loss of future earning capacity.
• Pain and suffering . Compensation may be awarded for the physical and emotional pain experienced as a result of the accident and the injuries sustained.
• Property Damage – If your vehicle or other property was damaged in the accident, you may be entitled to compensation to cover the costs of repair or replacement.
• Punitive damages . In cases of particularly negligent or reckless conduct, the court may award additional punitive damages to deter the at-fault driver from being negligent again and to discourage other drivers from engaging in similar behavior.

It is important to note that the exact compensation may vary depending on the circumstances of the case and that it is essential to have the advice of an experienced Texas car accident attorney from Abogado Dang – Accident Attorneys to properly evaluate your legal rights and options.

Tips to avoid a traffic accident in Texas

Here are some tips to avoid traffic accidents in Texas:

• Drive attentively and without distractions. Keep your eyes on the road and avoid distractions, such as using your cell phone, eating, or adjusting the entertainment system while driving.
• Respect speed limits. Respect posted speed limits and adjust your speed based on traffic and weather conditions.
• Maintain a safe distance. Follow the two-second following rule, and increase this distance in rainy, foggy or low visibility conditions.
• Use turn signals. Indicate your intentions early by using appropriate turn signals so other drivers can anticipate your movements.
• Do not drive under the influence. Never drive under the influence of alcohol, drugs or medications that may affect your ability to drive.
• Maintain your vehicle in good condition . Perform regular maintenance on your vehicle, including checking tires, brakes, and lights to ensure it is in optimal driving condition.
• Be aware of road conditions. Pay attention to road conditions such as potholes, construction, signs, and changes in traffic.
• Respect traffic rules. Respect traffic signs, traffic lights, yield signs, and other traffic rules to avoid collisions.
• Drive defensively. Anticipate the actions of other drivers and maintain a defensive attitude on the road so you can react quickly to dangerous situations.
• Wear your seat belt. Always wear your seat belt and make sure all vehicle occupants are wearing theirs as well.

Contact Attorney Dang – Accident Lawyers Today!

In a traffic accident, who is at fault and who is responsible is determined through an investigation that our specialized law firm will carry out as part of our services. We are ready to protect your rights and seek the maximum compensation possible for you and your family. Call us and schedule your free consultation.

At DANG , we’ll give the insurance companies a BANG!

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• 10 Secrets to Protect Yourself After a Car Accident in Austin

Information verified by lawyer Loc Dang

Loc Dang is a founder and member of our legal team. In this blog, Attorney Dang shares his expertise to guide accident victims.