If you have been injured or lost a loved one in a car accident, Texas laws enable you to file a civil claim for compensation. You may be eligible to recover financial compensation for lost wages, medical expenses, diminished quality of life, pain, and suffering, among other damages. However, fulfilling certain criteria is essential to qualify for compensation, and unfortunately, meeting these requirements can be challenging without the guidance of a seasoned Katy auto accident lawyer.
At Lone Star Injury Attorneys, we provide our clients with unmatched legal advice to help them establish liability in Katy car accident cases. By engaging the expertise of seasoned professionals, we ensure that no facet of your case is overlooked. And we do all this with no upfront costs. Through our contingency fee arrangement, you can secure legal representation without paying anything out of pocket. We only collect a fee if your case is successful and you obtain a settlement or win at trial.
The Burden of Proof in a Katy Car Accident Case
In a car accident case where you are the injured party (the plaintiff), the responsibility falls on you to demonstrate proof that your account of events is accurate. The defendant’s role is only to respond to or admit the claims made against them; however, the burden of proving those claims rests with you. Essentially, the burden of proof requires you to persuade the judge or jury that you have met the necessary legal standards by a preponderance of the evidence.
Understanding the intricacies of this concept is vital before pursuing any legal action in your accident case. A skilled and experienced car accident attorney can guide you through this multifaceted process. To a great extent, the burden of proof centers on establishing negligence. This entails proving that someone else failed in their legal duty as a driver, leading to your harm. Typically, to determine fault in a car crash case, you must establish the existence of a duty of care, a breach of that duty, causation, and resulting damages.
For a free legal consultation, call (832) 449-8230
A Duty of Care Existed
The first step in proving liability is to demonstrate that a duty of care existed at the time of the car accident. “Duty” refers to the legal obligation that one party has to another. In the context of your car accident case, this means that the other driver had an obligation to obey traffic rules and operate their vehicle responsibly so as not to harm you.
If your accident was caused by a negligent truck driver, the same duty applies to the trucking company or truck owner. They are bound by Texas laws to hire qualified and experienced drivers. Additionally, state and federal governments, as well as road construction companies, have a duty to ensure that Texas roads and highways are maintained in a safe condition.
The Duty of Care Was Breached
Proving that the other party owed you a duty of care is only the beginning; you must also demonstrate that they breached that duty, whether through negligence or outright recklessness. This breach could be something unlawful or an action generally considered risky to your well-being. A major challenge in litigating a personal injury claim often lies in establishing precisely how the duty of care was breached. Some common examples of how the duty of care might be breached include:
- Speeding
- Aggressive driving
- Driving under influence
- Tailgating
- Failure to yield
- Poor driver training
- Distracted driving
Hiring a qualified attorney is the most effective way to establish how the duty of care was breached in your case.
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Causation
After demonstrating that a duty of care existed and that it was breached, you must also show that this breach was the direct or proximate cause of the accident. Some examples to illustrate causation include:
- If the driver hadn’t been speeding, they would not have hit your vehicle.
- If the driver hadn’t been distracted, they would not have crashed into your car.
- If the potholes and poor road designs hadn’t existed, the driver would not have swerved and hit you.
- If the vehicle parts hadn’t been defective, the accident would not have occurred.
It’s advisable to consult with your attorney about how causation plays a role in a negligence claim related to a vehicle collision.
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Damages
This is the final element you must establish to prove fault in a car accident. It entails demonstrating that you suffered both tangible and intangible losses for which the responsible party should compensate you. The most common types of damages include:
- Lost wages
- Past and future medical expenses
- Pain and suffering
- Loss of quality of life
- Property damage
Retain an Attorney Right Away to Help Prove Negligence in Your Car Accident Claim
Proving liability in Katy car accident cases involves intricate details. If you need legal assistance, please contact us today to schedule a FREE CASE EVALUATION with one of our experienced legal professionals.
Call or text (832) 449-8230 or complete a Free Case Evaluation form
