A car crash can have devastating consequences, especially when negligence is involved. Besides causing life-threatening injuries, many of them result in fatalities and extensive loss of property. Knowing what to do and who to blame for such occurrences is the first step toward finding justice.
If you were hurt or lost a loved one in an auto wreck involving negligence, our car accident lawyers in Bellaire may help you determine liability. All you have to do is schedule a free one-on-one consultation with us today.
Determining Fault in an Auto Wreck
The State of Texas enjoys state-of-the-art infrastructure, such as the 61km long Interstate-610 freeway. This makes driving on these roads a remarkable experience. But even with such great developments, some motorists still find a reason to make them unsafe. The Texas Department of Transportation reports an accident every minute.
The majority of the rules surrounding liability in a Bellaire car accident are based on common law and how tort is defined. Under these laws, anyone who commits an offense through recklessness, where someone else is injured or killed, commits a tort. Therefore, the act that results in harm or loss of property is thus defined as a tort, and not necessarily a crime.
In Texas, determining fault in any personal injury case is based on the elements of negligence. As the plaintiff, you have to show how the other party’s actions or inactions caused your injuries. In this case, liability in a Bellaire car accident is established upon:
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Duty of Care
The first element is determining liability in a Bellaire car accident is showing that the other party owed you a legal duty of care. Under Texas laws, certain situations create a relationship or link between two different parties.
In this case, one owes the other a legal obligation to guarantee their safety. He or she must exercise a reasonable standard of care like any other person would in similar circumstances. For example, all drivers must follow traffic laws to maintain safety on our roads for all motorists and the general public.
Breach of Duty
The next element you must prove or determine is that the plaintiff breached the duty of care by doing what an average person wouldn’t.
A breach in traffic accidents may occur in different ways. For example, a driver who flouts traffic laws by speeding or driving erratically is not only careless but also neglects their duty of care towards passengers, pedestrians, motorists, and other road users. Another good example of a breach of duty is when vehicle manufacturers produce faulty systems and unsafe vehicle designs that expose motorists to foreseeable harm.
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Causation
The third, and perhaps most important element you need to prove when determining liability in a Bellaire car accident is causation or cause-in-fact.
This means that the other party’s careless actions or inactions caused the crash from which your injuries and losses stemmed. Foreseeable harm is a critical aspect of causation that must be proven. Hiring a Bellaire personal injury lawyer allows your case to be effectively handled for the best results.
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Damages
Damages in a car accident case are critical in ensuring justice is served. As an element of negligence, you have to provide proof showing the damages suffered as a result of the defendant’s negligence.
Lost wages, medical expenses, wrongful death, loss of consortium, rehabilitation costs, property repair expenses, pain and suffering, emotional distress, and therapy costs are some popular examples of damages following a car accident.
Our Car Accident Lawyers May Help
Applying the elements of negligence when determining liability in a Bellaire car accident case is not something you can handle alone, especially when it’s your first time.
You need a helping hand to effectively prove each element and identify all parties likely to be responsible for your injuries and losses.
Most of the car accident claims we have handled involved the following parties:
- Individual drivers for negligent driving practices, such as speeding, driving under the influence, etc.
- Car owners for improper vehicle maintenance
- Car manufacturers for unsafe designs and faulty systems
- State agencies for improper road maintenance
- Construction companies for unsafe road designs
- Other road users for careless behaviors
Any of these parties may be held financially accountable for the losses that follow an auto wreck they caused. In some cases, more than one party may bear liability in a Bellaire car accident, and it’s the work of your attorney to determine the level of fault for each.
Contact our firm today to discuss your case and get started on your journey to identifying the parties responsible for your accident.
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