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Liability in Austin Car Accident Cases

Fault and Liability in Auto Accidents

In general, proving who is at fault in an auto accident comes down to having evidence of recklessness or negligence. Understanding who is at fault in an auto accident, no matter how big or small, is crucial in each and every case. Proving who is at fault determines who is held liable for any damages, medical bills, or other costs incurred from the accident. If you or someone you know has been involved in an auto accident in Austin, it’s important you contact an Austin car wreck attorney immediately.

An experienced Austin attorney, like those at Carabin Shaw, have a track record of proving liability in Austin car accident cases and will work hard to dissect your case and determine the at-fault party. Our attorneys will work tirelessly to increase your chance of compensation for the pain and suffering you have experienced.

Proving Liability in Austin Car Accident Cases

Proving liability in Austin car accident cases can take many forms. One of the most common forms attorneys use to establish liability is negligence. Negligence is a basis for almost all car accident cases, and a good attorney will work hard to prove negligence on the part of the other driver so that liability may be established. Negligence is the act of behaving carelessly or unreasonably, causing injury or loss to another person. An example in terms of an Austin auto accident could be a driver running a red light and causing an accident with another vehicle.

In order to prove negligence and therefore liability, four things must be established.

  1. There is a duty of care: Duty of care refers to the responsibility one has to act reasonable and responsible in order to prevent the harm of others. For example, a driver is expected to maintain a reasonable speed in order to prevent possible harm to other drivers. Drivers must adhere to their duty of care to ensure the safety of other drivers and pedestrians.
  2. There is a breach of duty: After a duty of care is established, an attorney must be able to prove that a breach of duty did indeed happen, resulting in the auto accident and injuries to other parties.
  3. There is proof of injury or loss: Plaintiff’s must be able to prove that they did suffer injury or loss from the accident at hand.
  4. The loss was caused by the breach of duty: Attorney’s and plaintiff’s must be able to prove that the injuries sustained are due to the breach of duty that took place.

An experienced attorney has the resources and knowledge to prove negligence in order to hold other involved parties liable. Proving liability will ensure you receive fair compensation for any damages or losses you may have gained from your Austin auto accident.

Other factors that can serve as grounds for liability other than negligence include:

  • Driving under the influence
  • Defective vehicles
  • Accidents involving business vehicles
  • Reckless driving
  • Accident type - For example, rear-end accidents, left turn accidents, etc.
Carabin Shaw: Attorneys Who Fight for You

Proving liability plays a large role in the outcome of any auto accident case. It determines how much you will have to pay for damages, and how much you could possibly receive. In order to increase your chance of receiving fair compensation, you need an experienced attorney with a proven track record of success representing clients involved in Austin auto accidents.

Free Initial Consultation

A seasoned attorney with Carabin Shaw will take the time to investigate your case and determine how liability should be established. Our team will work tirelessly to ensure you receive the compensation and justice you deserve for your auto accident. If you or someone you know has been involved in an auto accident in Austin, call the team of attorneys at Carabin Shaw toll free at 800-862-1260 or locally at 512-832-1101. Our Austin offices are located at 111 Congress Ave #500, Austin, TX 78704.


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We are very glad we called Carabin Shaw after our accident. We now recommend them to everyone. - Griselda S.
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You want Carabin Shaw on your side after an accident. They were excellent. - Valerie S.
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In our opinion, no one is better, Carabin Shaw is the Law Firm you want on your side after an accident. - Amanda G.
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The attorneys and staff went out of their way to help us after our accident. Thank you Carabin Shaw. - Melinda F.
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We did our research after our accident and chose Carabin Shaw. They were great. Highly recommend. Joel Y.
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