With many of the misconceptions in society, countless drivers are unsure of when they are at fault for an accident and when they are not. Drivers may feel that they are automatically at fault when they are the driver in the back in a rear-end accident.

Because they are not sure of their rights, they may try to say sorry, admit they hold liability, and have their insurance company take care of any damages. Unfortunately, this may result in these drivers losing out on compensation and have increased insurance rates.

When someone feels they are partially at fault for an accident, there are a few things to keep in mind:

Texas Recognizes Proportionate Responsibility

Even if someone feels they are at fault, the other driver may have done something negligent as well. In this case, they may share liability for the crash and damages that ensue from the accident.

In these types of situations, Texas law looks at majority fault and bases compensation off the percentage of each party’s liability. For instance, if the driver in the back rear-ended someone, but the other driver didn’t stop because of a distraction, shared negligence may exist.

Never Assume Guilt

The moment someone assumes guilt, statements made can compromise the claim, and one side is responsible for the damages in the crash. However, certain factors may exist that put more than one individual at fault for the crash.

Assuming fault can prevent someone from filing a claim from the very beginning. Before making any claims, those involved in the crash should speak with their legal representation to determine what options exist.

Far too many people apologize right after a crash. This empathy gives the insurance company leverage to deny a claim.

At Daspit Law Firm, our Houston car accident lawyers are here to help in the event the insurance company tries to deny a rightful claim. We’ll go the extra mile for our clients to pursue the most favorable outcome possible.

Call our firm at (888) 273-1045 today to protect your rights.