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Deciding fault in a car accident can be a difficult task

In the aftermath of a car accident, you may have numerous worries. Was anyone seriously hurt? How long will it take to recover from your injuries? How much will it cost to repair your vehicle? The financial burden brought about by such incidents can be significant and you may choose to make an insurance claim. Furthermore, if someone else was at fault in the accident, you may be able to seek compensatory damages from them.

In a previous article, we discussed the actions to take immediately following a car accident and the information you should share in this event. When this is done, however, it may be necessary to determine who was at fault during the crash. In some cases, multiple drivers, including yourself, may have contributed to the accident.

In cases where multiple drivers are deemed to be at fault, comparative negligence theories may come into play. As is explained here, many states choose to split responsibility for a crash based on the percentage of fault that is attributed to each driver. Other states only allow a lawsuit when the plaintiff is deemed to be less than 50 percent to blame.

In some states, the pure contributory negligence rule applies. Under this standard, a party may not collect damages in cases where they are found to be as little as a single percent at fault. However, this only applies in five states, of which Texas is not one.

Nevertheless, it can be a difficult thing to accurately establish who was at fault in a car accident. An attorney can be a big help in these cases as he or she can help you evaluate the situation and support you if you choose to pursue compensatory damages.

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