You have been injured in a Cypress car accident case, and you are wondering how to go about your injury case. No matter how straightforward your case is, you still bear the burden of proof to show that the other party was to a great extent responsible for your injuries. Even if you do not want to go to court, insurance companies will still demand enough proof that the accident was not your fault before you can be settled.
Knowing what you have to prove in a Cypress car accident claim is not always clear. Any slight mistake can hurt your case. Therefore, the best decision you can make to protect your interests and rights is to let a knowledgeable car accident attorney handle your case. The team at Lone Star Injury Attorneys has the experience and qualifications needed to prepare a solid case and get you the compensation you deserve. Do not hesitate to contact us as soon as possible to get your case started.
Unsurprisingly, the Texas Department of Transportation attributes most auto wrecks on our highways to negligence. When a party disregards traffic safety rules or acts in a manner likely to cause harm to other persons, they are deemed negligent. In order to successfully prove your Cypress car accident case, you must show with a preponderance of the evidence that they failed to stop foreseeable harm through their actions or inactions.
Essentially, you must illustrate the four basic elements of negligence. A seasoned attorney understands how they work and will stop at nothing to prove your case. These elements are:
Every driver on Texas roads and highways owes other motorists and road users a primary duty of care. They are expected not to operate their vehicles in a way likely to cause foreseeable harm to others. As the plaintiff, your first order of business will be to show that the defendant failed to uphold a reasonable duty of care. This means they had an opportunity to prevent harm but failed to.
The basis of your Cypress car accident case is that the defendant was negligent, and as such, your first task is to prove this. Usually, the violation of traffic rules is negligence. If they were speeding, driving aggressively, or making unsafe lane changes, you may have a solid case against them. Contrary to popular belief, proving negligence is not always a smooth affair. Since you bear the burden of proof, you will shoulder the often overwhelming responsibility of investigating the accident. And establishing what caused the crash, you have a good opportunity to show how the defendant breached your duty of care.
Proving that the defendant owed you a reasonable duty of care but breached it is not enough to have you compensated. Instead, you are required to show causation. This means that you must illustrate the link between their actions or inactions with your injuries. For example, if a speeding driver hits you, it is your responsibility to prove the harm you suffered resulted from the accident and not anything else. Insurance companies may be quick to imply your injuries existed before the accident.
Lastly, you need to prove the losses you suffered and for which you claim compensation. This aspect of car accident claims can be stressful, especially when you do not know how to calculate your claims. You have to know what you have to prove in a Cypress car accident case. That’s were a skilled attorney may be of help.
It might seem straightforward that the defendant owed you a legal duty of care, and they caused your injuries. However, it takes more than just that to prove your Cypress car accident case. The jury will need to be convinced that you were at no one point responsible for your injuries. Collecting damages will be an uphill task without verifying this, even when you firmly believe you deserve compensation. Your only way out will be proving these elements of negligence in the best way possible.
Understating what you have to prove in a Cypress car accident case may be overwhelming, more so when dealing with severe injuries. Our attorneys are here to help you move on with life by fighting for your rightful compensation. Please get in touch with our Texas offices to learn more about car accident lawsuits and how we can help.