If you were in a car accident that you strongly feel was avoidable, someone was likely responsible. However, feeling and knowing are two distinct things. To pursue compensation following a car crash, you must be completely sure that someone was to blame for the accident and its aftermath. This means that there must be a clear indication that the other party failed to take standard care, causing you harm in the process.
Establishing liability in a Fort Bend County car accident case takes much more than just pointing an accusing finger at the other party. You must establish a ground on which to prove your claim. Usually, most personal injury cases are determined based on negligence and liability. Our lawyers at Lone Star Injury Attorneys are adequately trained on ways to establish fault in an accident. The concept of negligence is the basis on which we prepare solid cases on behalf of our clients.
Role of Negligence in an Auto Wreck Case
When you bring an injury case forward, you imply that the other party was negligent in their undertakings, causing you grave harm. Their actions or inactions in the moments leading to the crash may constitute civil charges against them. However, to understand how negligence works, you need to discuss your case with a skilled attorney. Typically, negligence entails:
Duty of Care
This is a crucial principle in personal injury law. The duty of care requires all persons to maintain basic standards of care to prevent foreseeable harm through omission or commission. In relation to operating a vehicle, drivers have a legal duty to ensure that their actions do not pose a danger to their passengers, other motorists, and the general public. This requirement is straightforward since they only need to adhere to state and federal traffic laws.
Breach of Duty of Care
A breach of duty means that the driver or any other person to that effect failed to honor and observe the duty of care as mentioned earlier. For example, a breach of duty is deemed to have occurred if a driver acts in complete disregard for traffic laws and creates a scenario likely to cause harm to other persons.
Causation
Proving a breach of duty of care does not guarantee compensation. Instead, you must also show causation, which links the other party’s failure to observe the duty of care and your injuries. In simple terms, there must be a close relationship between their conduct and the damages you suffered.
Damages
Lastly, you must also show how the breach resulted in damages. All your losses must be converted into monetary terms before you can be compensated. Failure to do so may lead to the loss of your deserved compensation.
Who Will Be Held Liable for My Losses?
Depending on the factors around your case, any party found to have breached their duty of care towards you may be held financially responsible for your losses. Different types of liability theories may come into play. They are:
Vicarious Liability
This theory allows you to sue the driver’s employer if the accident occurred while the driver was dispensing their duties. For example, suppose a delivery van driver caused a crash while trying to meet deadlines within their scope of work. In that case, their employer may face charges for creating an unconducive working environment that guarantees safety.
Comparative Negligence
Sometimes, you may also be to blame for your injuries. You may be denied compensation if you are 50% or more at fault. Therefore, it is vital to retain a seasoned attorney who understands how this theory of liability operates in a Fort Bend County auto collision case.
Product Liability
The vehicle manufacturer, distributor and maintenance companies may also be held accountable if a defective part contributes to an accident.
Premises Liability
Property owners and managers may also be at fault for accidents within their premises. Parking lots and basements are common areas where car accidents occur. If unsafe conditions existed, you may have a claim.
Based on the above theories, the following parties may bear liability in a Fort Bend County car crash:
- Vehicle owners
- Drivers
- Road construction companies
- State agencies
- Vehicle manufacturers
- Other motorists
Our Fort Bend County Auto Collision Attorneys Can Help You Prove Liability
Understanding the legal concepts that come into focus when establishing liability in a Fort Bend County car accident case may be challenging. It would be best to have a qualified attorney who understands how personal injury laws work. The lawyers at Lone Star Injury Attorneys are dedicated to helping car accident victims in Texas make the first step towards compensation. Call us today to learn how liability works.
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