If you have been in an auto wreck you believe was someone else’s fault, you are probably considering legal action. In this case, gathering evidence that will back your claim is important, especially when proving liability. No matter how straightforward you think your case is, you still need to make a solid claim for compensation.
Proving a Santa Fe car accident case comes down to demonstrating that another party was largely at fault for the crash. Most states, including Texas, provide a legal framework for personal injury victims to seek compensation.
Working with a knowledgeable car accident lawyer is vital. They have a deeper understanding of what you must prove and how to do it. Our seasoned Santa Fe car accident lawyers prepared this guide on what you must prove in a Santa Fe car accident case. For further questions and consultation, please call our firm today.
Understanding Negligence
Winning a car accident lawsuit takes more than accusing another party of causing your injuries or accident. Instead, it requires a meticulous understanding of the concept of negligence. What it is and how it applies to your case. As mentioned, many states have a framework for how these cases work.
In Texas specifically, all personal injury claims must be established on the concept of negligence. Negligence refers to the failure by someone to do what a reasonable person would do in similar circumstances to prevent foreseeable harm.
This concept is further divided into four elements: duty of care, breach, causation, and damages. Here’s a look at each:
Illustrating the duty of care
Every motorist on Texas roads owes other road users a duty of care. They are to follow traffic laws and not operate their vehicles in a way likely to cause harm to others. So, if you are filing a car accident case, it must be on the basis that the other party owed you a legal duty of care.
Showing That the Duty Was Breached
Your next task is to demonstrate how the duty of care was breached. It must be evident that the other party failed to act reasonably to prevent foreseeable harm from happening. For example, if the other driver was speeding, you carry the burden of proof to show that this was not only contrary to state or federal laws but also a reckless behavior that put you in harm’s way.
Another scenario that could implicate the other driver is if they drove while under the influence. According to Texas Penal Code Ch. 49, the state has a 0.08% Blood Alcohol Content (BAC) limit for drivers.
Proving Causation
While the first two elements, duty of care and breach, are relatively straightforward, proving causation is where things get tricky. Also referred to as the “but for” element, causation requires the plaintiff or injured party to show that they would not have been in the crash were it not for the other party’s negligence.
In simple terms, causation seeks to show that the accident and resulting injuries would not have happened if the defendant had observed the duty of care. This element can be proven through expert witness testimonials from doctors, highway engineers, economists, and accident reconstruction experts, among others.
Demonstrating Damages
The last thing you need to prove in a Santa Fe car accident case is damages. They refer to the losses you suffer following an injury or accident. Damages may be tangible, representing financial losses such as medical expenses, rehabilitation costs, property repair costs, lost wages, lost future earnings, and premiums.
They can also be intangible, compensating for non-economic losses such as physical pain and suffering, emotional distress, loss of dependency, loss of companionship, loss of consortium, and loss of quality of life. A knowledgeable Santa Fe personal injury lawyer is vital in determining the damages you may be eligible to claim in your case.
What Evidence Can I Use to Prove My Car Accident Case?
Of course, you will need indisputable proof to demonstrate the four elements of negligence as discussed. A resourceful legal professional can help you recover evidence from the scene, police reports, surveillance footage, eyewitness statements, and expert testimonials. Luckily, you don’t have to pay for their services upfront. Our attorneys only collect a fee when your case is won.
Get Help Proving Your Santa Fe Car Accident Case
Now that you understand what you need to prove in a Santa Fe car accident case, act now. You have a limited time to pursue justice, and our car accident lawyers are here to help. Schedule a free consultation with our team at Lone Star Injury Attorneys today by filling out our contact form.
Call or text (832) 346-9585 or complete a Free Case Evaluation form
