When you are in a car accident, filing a claim may be the last thing on your mind. Victims focus more often on treatment for injuries suffered and recovery than on taking legal action against the parties at fault. This is mainly attributed to a lack of knowledge on how the compensation process works. So much goes into preparing a solid case than saying you were injured. The biggest question on whether you are eligible for compensation is liability.
Navigating liability and identifying the parties responsible for your injuries can be a complex process that requires a solid understanding of Texas negligence laws. Insurance companies typically conduct their own investigations before considering settlement, and they often look for ways to limit payouts. Because personal injury claims are built on proving fault, it is important to approach the process carefully. Working with a car accident lawyer in Harlingen can help ensure that liability is properly evaluated and that your rights are protected throughout the claims process.
Are Drivers Always at Fault for Car Accidents?
The shortest answer to this question is no. Although negligent drivers are mostly to blame for car accidents, they are not always at fault. To establish liability on a driver, you must first understand the circumstances that led to the accident. Most importantly, you must link the facts of your case to negligence. In other words, the driver must have failed to observe standard care in the moments leading to the auto wreck.
Negligence is a broad legal aspect that seeks to answer the question of liability in auto wrecks and other accidents. Essentially, you must show the following to prove fault:
- A duty of care existed. All drivers on Texas roads have a legal duty of care to ensure the safety of their passengers and other road users. They must adhere to set traffic rules. For example, every driver must be licensed to operate a vehicle. They must always prevent foreseeable harm from causing injuries or property damage.
- The duty of care was breached. A breach occurs when a driver fails to observe standard care by engaging in reckless driving or other acts that threaten the safety of other motorists. Flouting traffic rules is the most accurate measure of a breach. For example, running a red light or speeding exposes other road users to harm.
- The breach was the proximate cause of your injuries. To establish liability in a Harlingen car accident, your attorney must also show the link between the driver’s actions or inactions to the accident or your injuries. For example, if they ran a red light at an intersection, you must prove that the accident would have been avoided had they stopped or yielded the right of way.
- You suffered damages. Damages in a car accident case refer to the losses a victim suffers following an accident. They may be tangible or intangible, depending on the case. Tangible losses may cover lost wages for the time spent away from work, past and future medical expenses, and rehabilitation costs. On the other hand, intangible losses compensate for physical pain and suffering, loss of consortium, and diminished quality of life.
Multiple parties may bear liability in a Harlingen car accident case based on negligence. Drivers may be held accountable for negligent driving, car manufacturers for defective parts and malfunctions, state agencies and construction companies for poor road designs and maintenance, as well as other road users for negligence. Having a qualified attorney is the best way to determine which parties to sue for compensation.
When You are Partially to Blame
In scenarios where the plaintiff is also partially to blame for the accident, compensation may still be achieved. But for this to happen, their degree of liability must be 49% or below. The final payout will be reduced based on their percentage of fault. If you are more to blame than the other party, you stand to lose your case. It is crucial to have a seasoned Harlingen car accident lawyer review the details of your case before delegating fault.
Get Help With Your Case Today
Finding an attorney who understands how liability in a Harlingen car accident case affects your claim is challenging. Very few lawyers provide success-driven approaches and answers when taking up a case. If you were in a car accident that you think was caused by someone else, talking to our car accident attorneys could not be more critical. With our experience handling different cases, we are fit to lead the process on your behalf. To move forward with your case, please set up a free consultation by calling our offices or filling out our online contact form.
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