Car accidents aren’t always caused by one of the drivers on the road. Sometimes, a third party (meaning someone not directly involved in the crash) can be responsible for what happened. This could include, to name a couple of examples, a company that owns a commercial truck, a government agency that failed to maintain safe roads.
Under Texas law, anyone whose negligence contributes to a crash can be held financially liable. However, identifying and proving that third-party negligence takes careful investigation and legal skill. If you’ve been injured due a collision caused by a third party, call our El Paso car accident attorney today.
Third-Party Liability in a Car Accident Case
Texas is a fault-based state, meaning the person or entity responsible for the accident must compensate victims for their losses. When a third party plays a role, their actions or inactions must have directly contributed to the collision.
For example, a company may be liable if one of its employees causes a car accident while performing their work duties. Likewise, a manufacturer could share blame if a defective vehicle part leads to a crash.
Your attorney’s job is to identify every possible liable party and determine how their negligence contributed to the chain of events that caused your injuries.
Common Examples of Third-Party Liability
Third-party liability can arise in many situations. Some of the most common examples in Texas car accident cases include:
- Employer liability: When an employee causes a crash while driving a company vehicle
- Vehicle manufacturers: When defective parts make a vehicle unsafe
- Government entities: When poor road maintenance or other similar factors lead to a collision
- Bars and restaurants: When they serve alcohol to an obviously intoxicated person who later causes a drunk driving crash, under Texas’s dram shop law
- Auto repair shops: When improper repairs cause a vehicle malfunction
Each of these situations requires different types of evidence, and the procedures for filing claims—especially against government agencies—can vary significantly.
Establishing Fault in a Third-Party Claim
To hold a third party responsible, you must generally prove the same elements of negligence that apply in most Texas personal injury cases:
- The third party owed you a duty of care
- They breached that duty through negligent or wrongful actions
- Their conduct caused your accident and the resulting injuries
- You suffered damages, such as medical bills and pain and suffering
Your lawyer will gather various forms of proof to show that these points meet the “by a preponderance of the evidence” required standard, around a 51% or higher likelihood.
Get Legal Help From the Team at Cal Mundell Law Firm, PLLC
Third-party car accident claims are often more complex than standard two-car collisions. They may involve multiple insurance companies and unique at-fault parties that have different filing requirements, such as government entities.
An experienced personal injury attorney can identify all potential sources of liability to help you make the most of your claim. They can also handle negotiations with insurance companies to prevent you from accepting an unfair settlement.
If you believe a third party played a role in your car accident, don’t wait to get legal advice. Call Cal Mundell Law Firm today for a free initial consultation at (915) 250-0700.