This is the next post in our series on the handling of stop sign and intersection accidents in Austin, Texas. Our last article discussed why liability can be disputed in intersection cases. Even though it may not be clear who was at fault, the fact of the matter is that an attorney can take steps to prove the defendant’s liability. If you have been injured then it is important that you speak with a personal injury lawyer immediately. In this post we will discuss how Texas’ comparative fault laws impact such cases.
We have previously discussed how Texas’ comparative fault law impact injury cases. Those same principles apply to cases involving intersection and stop sign accidents. Texas will allow you to recover for your injuries even if you were partially responsible for the accident; if the jury finds that you were fifty percent responsible or less for the incident then you will be compensated. Any compensation you receive will be reduced by your share of the fault. If, for example, the jury finds that you were forty percent responsible for the accident and your damages are $100,000, then you will receive $60,000 ($100,000 – forty percent). If the jury finds that you were at least fifty-one percent responsible for the accident then you will be barred from recovering compensation.
Comparative fault is often an issue in intersection accidents. Say, for example, that Joe is driving and performs a “rolling stop” at a stop sign and enters the intersection without bringing his vehicle to a complete halt. Joe has likely driven in a negligent fashion. Now say that Jill is approaching the intersection and is texting while driving. She is not paying attention to the road, is speeding, and goes through the stop sign without slowing down. She hits Joe. Under this scenario the jury would likely find that Jill is more responsible than Joe for the incident even though Joe also behaved in a negligent fashion. If the jury finds that Jill is eighty percent responsible for the accident then Joe will receive eighty percent of his total damages.
Determining the amount of fault to place on each party is, again, up the jury. It is important that you retain a lawyer who is experienced in arguing such cases to jurors and who can present your case in a way that will be understood. Dan Christensen is a former prosecutor and military member who has extensive experience in presenting cases to juries. Our firm has the resources necessary to deal with the largest of defendants and we pride ourselves on providing the highest level of service. Contact us today to speak with an Austin intersection and stop sign accident attorney.
We also service Travis County cities which include Rollingwood, Round Rock, Elgin, Jonestown, Manor, Bee Cave, Lago Vista, Sunset Valley, Lakeway, Creedmoor, the Williamson County cities of Georgetown, Cedar Park, and Leander, as well as other areas of Texas.