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by Jeff Rasansky - November 4, 2010
Jeff Rasansky
Jeff Rasansky, managing partner of Rasansky Law Firm, is an aggressive Dallas personal injury lawyer with 25 years of legal experience.

carwreck4Determining the fault in the case of a car accident is a most important factor in deciding compensation claims in case of car accidents. Sometimes the victim of the accident might be in partial fault of the accident. Such instances are called contributory negligence. In case of contributory negligence, the amount of fault of a driver in the accident solely determines whether he or she is liable to receive any compensation for the accident or not. There are three kinds of fault measurement systems, pure comparative fault, pure contributory negligence and proportional comparative negligence, and each state follows one of each of the fault measurement systems to determine fault after an auto accident. The state of Texas abides by the proportional comparative negligence system to determine the fault of a driver in an auto accident. Your car wreck lawyer  will be able to tell you about the percentage of fault that you have been a part of. There are two kinds of percentages that determine the percentage of fault in case of an auto accident; one is where the fault is determined at 50 % and there is another one is where the fault is determined at 51%. The state of Texas follows the comparative fault at 51% rule.

Determining the percentage of the fault is the tricky part as it determines who will pay the compensation for the damage to the other person. Insurance company adjusters usually determine the proportional degree of fault after a thorough investigation of the accident. You should consult an experienced Texas car wreck lawyer to see that the fault is not entirely your burden. In fact, it is the main duty of a personal injury lawyer to see that his or her client is not determined to be at major fault after the accident. The statements of witnesses and the evidences from the accident scene are critical factors in determining whether you shared less than 51% of the fault.

Although every accident situation is unique, yet in these following two types of accidents the fault is almost automatically determined to be yours.

1.         Rear end crashes: When you hit a car from back, the fault is automatically decided to be yours since safe driving rules imply that a safe driving distance should be maintained between the two vehicles. However, you may share the fault if you have been pushed to hit the car in front or if the car in front did not have working brake lights.

2.         Left turn crashes: If you have crashed into a car while taking a left turn, the fault is entirely decided to be yours. However, you may share the blame if the other person was speeding at a red light.

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