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Texas Motor Vehicle Accident Liability

The primary way to assert a claim in automobile cases is to show negligence.  To prove negligence, a person injured in a car accident must show that:

  1. The defendant owed the plaintiff the duty to exercise a reasonable degree of care to avoid injury;

  2. Defendant failed to exercise such reasonable care; and

  3. Defendant’s failure to exercise reasonable care was the cause of injury suffered by plaintiff.


Potential Defendants in an Auto Accident

In order to ensure a full recovery for injuries suffered in a car accident, it is important that you and your attorney identify as many potential defendants as possible.  Often, the driver may not be the only one legally responsible for the accident.  Contractors, employers, and insurance companies may be obligated to compensate you for your injuries as well.

Automobile Liability Coverage

Texas vehicles are required to carry a minimum of $25,000 in liability coverage.  The potential liability of employers, contractors, or other responsible parties is a key factor in assessing recovery through insurance coverage, as each of these parties will likely carry separate policies that will apply to the accident.  Liability coverage can cover various expenses related to the accident, including:

  • medical and funeral costs, lost wages, and compensation for pain and suffering;

  • car repair or replacement costs;

  • auto rental while your car is being repaired; and

  • any punitive damages awarded by a court.


Obtaining Car Accident Damages

If you are involved in an accident where a driver was at fault, you may be entitled to receive compensation for any physical, emotional and financial losses that resulted from the auto accident.  By identifying the liability of all parties, you can obtain the best compensation possible for the damages you’ve incurred.

At O’Hanlon, McCollom & Demerath, our automobile accident attorneys are extremely knowledgeable regarding the liability theories behind car accidents.  Our vehicle collision experience will ensure you get the damages you deserve from any and all responsible parties.  If you suspect you have an injury due to an auto collision, and need to talk to a lawyer, contact us today for a free case evaluation.

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