Most people dread being involved in an auto wreck. With an accident occurring every minute, more people continue to suffer the ripple effects that follow a serious crash. Catastrophic injuries spell doom to victims as their way of life becomes disrupted. They have to deal with the financial impact that comes with medical expenses, rehabilitation costs, and property repair costs among other losses. Since they are unable to return to work, victims may find themselves in a financial crisis.
Fortunately, the victims of these crashes have a chance of redeeming themselves thanks to the law and with the help of an auto wreck attorney. Anyone who suffers harm due to the negligence of another party is entitled to monetary compensation for their injuries and other losses. However, they must provide proof detailing why the other party should carry financial responsibility for their losses. Determining liability in a Brazoria County car accident case is the first step toward recovering compensation.
The first order of business before filing an accident claim is establishing the party you want to sue. Without doing so, you have nobody to hold legally and financially responsible for your accident. First, you must understand how your fault could affect your claim. Texas allows for victims to recover damages even when they are partly to blame for their injuries. However, the maximum threshold in contributory negligence is 49%. This means you cannot be compensated if your degree of the fault falls above this percentage. Discussing your case with an established auto wreck attorney is the best way to determine the degree of fault you carry.
The liability in a Brazoria County car crash case comes down to negligence. It is your role as the plaintiff to prove the four basic elements of negligence concerning your case. From a practical standpoint, you must show that the other party behaved unreasonably, and failed to protect you from foreseeable harm. Additionally, you must prove:
All motorists in Texas, including motorcyclists, drivers, and pedestrians, carry a legal duty of care that requires them to act in a manner that does not threaten the safety of other road users. For drivers and other motorists, this boils down to adhering to traffic rules in regard to speed, lane changes, and yielding among others.
A person is deemed to have violated their duty of care if they create a dangerous situation by contravening federal and state laws regarding public safety. For motorists, flouting traffic rules amounts to a breach of duty. For instance, a driver who uses a mobile phone while driving or speeds in a restricted area may bear responsibility for an incident that stems from their behavior.
Showing that someone else was negligent isn’t sufficient. You must also provide evidence to prove that their negligence was the proximate or direct cause of your injuries. This means that the accident would not have occurred if they had maintained their duty of care or been more careful. Proving causation for most victims is a tough assignment, as there is so much to do in a limited time. However, an experienced attorney is a key asset in linking your injuries to the accident.
Your last task is proving damages. There must be tangible proof detailing the losses you suffered. Medical expenses, lost wages, lost future earnings, and rehabilitation costs are a few examples of damages.
Having established negligence in your case, it becomes easier to point out specific parties as having been at fault. The liability in a Brazoria County car collision case may fall on:
Retaining a knowledgeable attorney is the best way to discover fault, more so when multiple parties are involved.
If you were in an accident where the fault is contested, you should speak with our trusted attorneys. Establishing liability in a Brazoria County car accident case may require experts such as highway engineers and accident reconstructionists. We take pride in making things easier for our clients and fighting for their rights. Call us today.