The legal system has a high standard of proof when it comes to determining who is at fault in a car accident. In the state of Texas, lawyers compile evidence to prove negligence and pursue personal injury cases. This evidence can also be useful for insurance claims, especially since Texas is an at-fault state. Abogados de accidentes will ask you questions to help determine negligence in your case.
How Abogados de Accidentes Work To Determine Negligence
To prove negligence, your lawyer has to make a case that covers four main areas. These are duty, dereliction, causation, and damages.
This means they have to prove the other involved party had a duty during the car accident. For example, they had a duty to obey the speed limit. They also need to prove that the other party broke this duty, which is dereliction. Then, they prove that this caused the accident, at least in part. Finally, your lawyer must prove that you suffered some form of damage because of this accident caused by their dereliction.
Examples of Negligence
Your lawyer will do a deep investigation to determine any and all examples of negligence in your car accident. Keep in mind, there may have been more than one failure to perform a duty that caused the crash. Any incident where a driver didn't follow the laws would count as negligence. For example, driving under the influence of alcohol or drugs at the time of the accident would be negligence.
Other examples of negligence include speeding, violating traffic laws like running a stoplight, or even improper car maintenance. If the driver was unable to stop in time due to failing brakes, they may be responsible for driving a vehicle that wasn't in working condition. Other examples may be distracted driving, like texting while driving.
Types of Evidence
As a general rule, it's a good idea to always start gathering evidence for yourself at the scene. Your lawyer can work to help you do this retroactively, but doing this as soon as possible can maximize efforts. Types of evidence include the police report from the scene of the accident. Any medical records from immediately after the accident and later on will also help.
Other evidence will include photos of the crash scene, surrounding area, and vehicles involved. Testimony can be collected from eyewitnesses at the scene or people who witnessed your injuries later on. In some cases, a crash deconstructionist may be consulted for your case. This evidence is used to prove negligence and to prove damages for the case.
Understanding Modified Comparative Fault In Texas
Every state has its own way of determining fault in a car accident case. In the state of Texas, there is a rule referred to as modified comparative fault. This rule means that the court will determine your percentage of fault in the accident. If your percentage of fault is at 51% or more, you cannot cover any compensation for that accident.
You can receive compensation for damages if you are 50% or less at fault. However, the higher percentage of fault you are determined to have, the less compensation you'll be entitled to receive. Both the court system and the insurance company will use the percentage of fault to determine fair compensation. Click here to find out more about working with a leading San Antonio lawyer in a comparative fault case.
Time Matters
In the state of Texas, you generally have two years to file a lawsuit following a car accident. This timeline is important for the court and for gathering evidence, which is harder to find as time goes on. For example, witness testimony will be easier to gather immediately following the accident. For this reason, it's recommended that you contact an accident attorney immediately following an accident. You can consult them on the types of damages you can receive compensation for and the evidence you should be collecting.
Kinds of Damages Your Lawyer Will Seek Compensation For
Car accidents cause a lot more damage than just property damage, though that is certainly one factor. Your lawyer will build a lengthy case listing out all the types of damages you've experienced.
Kinds of damages include current medical expenses and future expected medical costs following the accident. Any lost wages due to missing work or inability to work due to injury. There are also costs like traveling to medical appointments. Damages will be totaled up by your lawyer and then recovered in court or through an insurance claim.
Negligence is a major factor in Texas car accident cases. When it comes to your insurance claim or court case, the more evidence collected, the better your case will be. Make sure to start documenting your experience at the scene of the accident if you can. Then, work with an attorney you trust to pursue fair compensation and recovery.
