Highway accidents are not new in Texas. The National Highway Traffic Safety Administration reports that an accident occurs every minute on our major roadways. Most of these accidents involve motorcycles, commercial trucks, buses, pedestrians, and standard vans. Because some of them occur due to reckless behaviors and negligence, you should determine whether you qualify for compensation by contacting a car accident attorney.
Our Fort Bend County highway accident lawyers understand what it takes to make a successful case and will help you do so at no upfront costs. Our team at Lone Star Injury Attorneys uses a contingency fee arrangement, so we foot all legal bills until you are compensated for your losses. It’s only when you get paid that you are billed, so you need not worry about financing your case.
The decision to sue or settle your case primarily depends on the facts of your case and how forthcoming the insurance companies are. Frequently, most highway collision cases settle out of court. The insurance company makes initial settlement offers, marking the beginning of negotiations. It’s vital that you let an aggressive Fort Bend County road accident attorney handle this process. You see, many insurance adjusters act in bad faith, denying victims of their rightful compensation. If this approach hits a dead end, your attorney may proceed to court where a jury makes a ruling based on evidence and arguments tabled before them.
Most highway accidents in Fort Bend County stem from negligence. This is the failure to exercise reasonable care. To successfully bring a case forward, you need to prove that the accident would not have occurred but for the defendant’s reckless behavior. This could be through an act of omission or commission. For instance, if the driver who hit you failed to slow down when approaching a crosswalk, it’s assumed that the accident would have been prevented if they did so.
Generally, proving negligence in any case revolves around the following elements, which must be established before you are allowed to collect damages:
A duty of care exists when someone can foreseeably be harmed by the actions or inactions of another party. As such, they are required to act accordingly to stall any outcome that would otherwise result in injuries or property damage. For example, drivers are required to carefully approach crosswalks to ensure the safety of pedestrians.
Your Fort Bend County major roadway accident lawyer must also prove that the defendant breached their duty of care with the preponderance of the evidence. This could be in different ways. Your attorney may decide to use tangible proof such as cans of alcohol to show the driver was drunk, expert witness testimonials, or accounts from eyewitnesses. Using the example mentioned earlier, a driver is deemed to have breached their duty of care if they speed in prohibited areas. Typically, the breach could be in any form as long as it violates state and federal traffic laws.
As the plaintiff, it’s your fundamental responsibility to prove that the defendant’s breach of duty was the actual cause of your injuries or losses. If you can’t prove this, or there’s no establishment of how the defendant’s actions or inactions caused your injuries, you may not be compensated. Another scenario that could lock you out of monetary recovery is your own fault. Since Texas is a comparative negligence state, your degree of liability may extensively damage your case. Be sure to discuss this with your Fort Bend County highway crash attorney during consultation.
Proving the defendant was responsible for the accident isn’t enough to get you compensated. You need to show that you suffered damages, both monetary and non-monetary. Economic damages cover losses to which a dollar figure can easily be attached. They include lost wages, lost financial premiums, past and future medical expenses, and property damages. On the other hand, non-economic losses cover pain and suffering, emotional trauma, and diminished quality of life. A skilled Fort Bend County roadway accident attorney is crucial to establishing the actual value of your claim.
At Lone Star Injury Attorneys, we help victims like you get the compensation they deserve. We are ready to discuss your case at a place of your convenience when you schedule a no-cost case evaluation online or by phone. Our Fort Bend County highway accident lawyers are happy to answer any questions you may have and walk with you every step of the way. Contact us today for more information.