While each car accident case is unique and will have a range of varying
issues involved and legal complications that must be tackled, there are
three basic steps that must be taken when filing a claim or lawsuit.
These include establishing the following key areas:
- Negligence
- Causation
- Damages
By effectively laying the ground work for your case, you can ensure that
you have the strongest chance possible of securing the maximum compensation
you deserve for your accident.
First Step: Establishing the Other Driver’s Negligence
Under Texas law, all drivers have a responsibility to exercise reasonable
care when behind the wheel. This is supposed to keep drivers from engaging
in actions they know would likely cause injuries to themselves, another
person or driver, or another’s property. When a driver fails to
uphold this responsibility, it is considered negligence. This can take
many forms, including breaking traffic laws,
driving while distracted or tired, texting while driving, or getting behind the wheel while
under the influence.
When a person drives in such as a way that you could predict harm would
be caused by their actions, they are considered to be negligent. In order
to pinpoint this negligence more effectively, the Proper Lookout standard
was created. Under this standard, a driver’s
proper lookout is their duty to remain observant of the vehicles, people, and objects
around them while obeying basic road rules. Failure in this area constitutes
negligence.
Second Step: Connecting Negligence to Causation
Once you have established negligence in your
car accident case, you must then take the next step in connecting it to causation. This
means that you must show how the other driver’s negligent behavior
was the cause of the accident you suffered injuries in. While this can
be challenging to establish, working with a seasoned legal professional
can help tie the two components together. It is crucial that you obtain
as much evidence as possible for this step. This includes phone numbers
or contact information of witnesses, street light camera footage, photographs
of the accident, the police report, and other key proof. When you can
create a bridge from negligence to causation, you are one step closer
to securing compensation.
Third Step: Proving the Correlation to Your Damages
Finally, you must be able to chain together negligence and causation to
the damages you suffered. By proving that the driver’s negligence
caused the accident which resulted in your serious injuries and/or property
damage, you can demonstrate their fault and responsibility in the situation.
These damages could include a variety of areas, such as:
- Physical pain and suffering
- Loss of wages or earning capacity
- Hospital bills and medical costs
- Repairs needed for your vehicle
- Funeral expenses in wrongful death cases
It is also important to note that Texas law recognizes comparative negligence.
This means that if the other party can prove that there was some negligence
on your part that contributed to the accident, the court or insurance
company may be able to reduce some of the damages you receive. A percentage
of responsibility must be established between you and the other driver,
with your award slated to be reduced by your percentage of fault.
Even if you are partially at fault, when the other driver carries most
of the fault, you deserve fair compensation. That is why you need to
contact the Houston car accident lawyers at Arnold & Itkin.
SOURCE: Recent Blog Posts – Read entire story here.
