According to the Insurance Institute for Highway Safety (IIHS), Texas records an auto wreck every minute. Thousands are killed and injured in these crashes every year. After a car accident, you may want to believe that proving your case is easy, but unfortunately, it’s not. The mere fact that you were injured or had your vehicle or property wrecked doesn’t automatically make you eligible for compensation. There is a lot to be done before you can achieve a monetary outcome.
At Lone Star Injury Attorneys, we are committed to helping car accident victims get justice for their injuries and losses. We help them understand their legal rights and spearhead the compensation process on their behalf using the skills and experience we have gained in our decades of legal practice. By choosing us, you not only learn what you have to prove in a Brazoria County car accident case, but also get relieved of the financial burden that comes with pursuing compensation. Our contingency fee structure takes care of that.
Negligence in Car Accident Lawsuits
Essentially, proving a Brazoria County car accident case entails showing that another party was careless. For example, you may have obeyed traffic laws, but still, another driver struck you. You carry the burden of proof to show that the other driver behaved negligently, thus causing the crash where you were injured or had property damaged. No matter how legitimate or straightforward your case is, you will still need to prove the four basic elements of negligence. Building a strong case requires a dedicated attorney who will help prove that:
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A Duty of Care Existed
The first step in proving negligence in a car accident case involves establishing that the other driver or party owed you a legal duty of care. This obligation refers to a party’s adherence to what is deemed reasonable to prevent foreseeable harm from happening. Operating a vehicle may pose great risks to passengers, other motorists, and the general public. For this reason, drivers are bound by this obligation to drive responsibly, adhering to state and federal traffic laws. This duty of care is often given in car accident cases.
The Duty was Breached
The other element of negligence that you must prove in a Brazoria County car accident case is that the other party was unreasonable or did something negligent. This is perhaps the most complex and difficult element of negligence to prove. In an auto wreck, a breach could be several things, such as:
- Unsafe lane changes
- Road rage
- Distracted driving
- Speeding
- Failure to yield
- Drunk driving
Any form of traffic rules violation qualifies as a breach of care, but you must equally provide evidence that the other driver indeed committed the breach. If they were ticketed, a citation from an officer may be used as proof. Your attorney will also pursue other sources of evidence to back your case.
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The Breach Caused You Harm
Proving that the defendant breached the duty of care is not enough to get you the compensation you seek. The next element you must prove is causation. While you may have provided evidence to show that they violated traffic laws, you must also prove that their breach was the proximate cause of the accident and that your injuries stemmed from the crash.
Apart from police reports, traffic footage, and photos from the scene, your attorney may pursue other leads such as eyewitnesses and expert testimonials to prove causation. At this point, you should expect insurance companies or the defendant to allege that you were responsible for the harm suffered, or that your injuries existed before the auto wreck. Working with an assertive attorney will help distance yourself from contributory negligence and maximize your claim’s value.
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You Suffered Damages
The goal of a personal injury case is to compensate you for the losses you suffered following an accident. Therefore, you must provide proof of the damages for which you seek compensation. A skilled car accident attorney may help you prove damages such as lost wages, medical expenses, physical pain and suffering, diminished quality of life, loss of income-earning ability, and wrongful death. An experienced auto wreck attorney also knows how to calculate the value of your claim so you are fairly compensated.
Get Help Knowing What to Prove in a Brazoria County Car Accident
If proving a car accident case sounds complicated, that’s generally because it is. Fortunately, you don’t have to figure it out alone. Get help proving your Brazoria County car accident case today by retaining our auto wreck lawyers. Contact us now.
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