What Is "No-Doubt" Liability in a Texas Car Collision?
"No-doubt" liability doesn't refer to the band that was playing on the radio when the collision occurred. It is a Texas guideline that automatically assigns fault for a car collision. Essentially, when Irresponsible Driver A engages in a certain behavior, Texas law automatically assigns fault for the accident to that driver. This determination can make the recovery of personal injury compensation a little easier. However, there are many gray areas where no-doubt liability can be challenged by the opposing party's legal counsel.
"No-Doubt" Accidents in Texas
Texas statutes assign liability to drivers who cause an accident while making a left turn. However, there are important caveats to this. If you also broke a traffic law, such as speeding, failing to obey the traffic signal, were intoxicated, etc., liability is less clear. Since Texas is a modified comparative fault state, both drivers can be at fault for a left-turn accident.
Rear-end accidents are another type of no-doubt accident. When a car collision occurs, the driver who rear-ended the other vehicle is considered to be always at fault. Again, there are caveats to this. If your turn signals, brake lights, or other action contribute to causing the accident, liability can be assigned to both drivers.
Finally, DWI accidents in Texas are no-doubt accidents. Drivers who are intoxicated at the time of a car collision are always at fault. Again, unless in the rare instance when both drivers are intoxicated.
Additional Gray Areas to Consider
On the surface, the concept of no-doubt liability is straightforward. However, the reality is that there are plenty of gray areas to consider. Were the driver's headlights functioning? Were the other driver's taillights operational? Were the roads wet and slick from rain or ice? Did either vehicle have any defects that contributed to the car collision? What was the condition of the lighting at the intersection? Was traffic a factor that contributed to causing the motor vehicle accident? The answers to these questions and many more can influence a no-doubt liability determination.
No-doubt liability isn't always straightforward, and the team at Welmaker Injury Law can help you sort through the facts of your car collision claim. We invite you to contact us at (210) 828-6033 to schedule a free consultation to discuss your case and to learn more about the legal representation we offer clients in San Antonio.