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Determining fault in Texas car accident cases

If you have sustained injuries or damages in a Texas car accident, you may be wondering how you are going to cover all the medical expenses, lost wages, and other expenses relating to your crash. Texas is an at-fault state when it comes to car accidents, meaning that the parties responsible for the accident can be legally required to pay for your accident-related damages. Here are some of the parties that may be liable for your accident.

The other driver/drivers

The first party often named as a defendant in a personal injury claim is the other driver involved in the accident. Generally, you will allege in your complaint that the other driver operated his or her vehicle negligently at the time of the accident. In other words, you will show that:

  • The other driver owed you a duty to operate their vehicle safely.
  • The other driver breached this duty by driving too fast for conditions, running a red light, or otherwise violating a traffic law.
  • The other driver’s breach of duty caused your accident.
  • You suffered injuries and damages in the accident.

Employer of the other driver

In cases where the other driver was operating a vehicle within the course and scope of their employment, their employer may be vicariously liable for the accident under the theory of respondeat superior. The employer may also be found negligent for:

  • Failing to provide the driver with proper training.
  • Failing to properly screen the driver before hiring them.
  • Failing to properly supervise the driver.
  • Entrusting an employer vehicle to a driver despite knowing they are not equipped to handle the vehicle.

Owner of the vehicle

The owner of the vehicle, even if not an employer of the driver, can be liable for negligently entrusting their vehicle to the driver.


Even if you suffered injuries and damages in the accident, you may still be partially or fully liable for your own accident. However, under comparative negligence laws in Texas, you can still recover damages after your accident if the judge or jury determines you are less than 50 percent responsible for the accident.

Determining who is at fault for your car accident and how much compensation you can expect to recover may require the help of an experienced personal injury attorney. Your attorney can review your case and determine who, if anyone, you should file a claim against for damages.