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If you were in a car accident, the first legal issue that you must seek help with is the question of liability. Many auto wrecks are not accidents, but rather stem from negligent conduct from parties with a legal obligation to guarantee the safety of passengers and other road users. Sometimes, liability is straightforward. But most times, victims usually rely on investigations by police and insurance companies to establish fault. Because liability in car accidents is often a contentious issue, you shouldn’t leave this critical process to insurance companies.
After a serious crash, you may be in bad shape and the only thing you worry about is getting better. Taking legal action and everything that comes with it may take more effort than you can muster. At Lone Star Injury Attorneys, we understand how critical it is that you find justice for your injuries and losses. Also, we advise auto wreck victims to work with skilled auto wreck attorneys, because you cannot pursue monetary recovery the same way a knowledgeable third party can. With their help, establishing liability in a Houston car accident case and preparing a solid claim becomes seamless.
As mentioned, one of the questions that many car accident victims fail to consider is fault or liability as it applies in their case. Some assume that liability is straightforward, which is often untrue. Even if the other party admits fault, you must analyze the circumstances of the accident and identify tangible proof that puts them at the center of the crash. While understanding how the accident happened is critical, it is the work of an experienced auto wreck attorney to determine liability in a Houston car accident case.
Simply stated, liability seeks to answer the question of, “who is to blame” for an accident and the following consequences. It is also a legal obligation to pay damages as they apply in personal injury cases regarding the accident in question. Essentially, identifying the party with legal and financial responsibility for your losses after a car accident is hinged on the following elements of negligence:
This concept is very crucial in personal injury law. In matters of car accidents, it means much more than just adhering to state and federal traffic laws. Each person is deemed to have a legal obligation that requires them to act with reasonable care towards passengers, pedestrians, motorists, and other road users. They must avoid omissions or acts that would otherwise create unsafe conditions and harm to others. As it relates to traffic safety, every driver or motorist in Houston has a legal duty of care that requires them to operate their vehicle safely without exposing the general public to foreseeable harm.
Breach of duty when establishing liability in a Houston car accident case refers to the failure by a person or parties to observe their obligation of care towards other road users. If a driver or any other party in that aspect fails to do what is reasonable, thus exposing other persons to harm, he or she is deemed to have breached his or her duty of care. Simply put, a breach of duty for drivers usually occurs when they violate traffic laws. Car owners do so by failing to properly maintain their vehicles or by hiring inexperienced drivers.
Proving that another party owed you a legal duty of care but breached it is not enough to get you the monetary compensation you seek. Another crucial element that must be identified is causation. It must be proved, with a preponderance of the evidence, that the other party’s breach of duty caused your injuries and loss of property. There must be a link between their conduct and the result (accident). Causation is further categorized into proximate cause and cause-in-fact. Proximate cause refers to a breach of duty that indirectly results in an accident. An example would be when a distracted driver rams a utility pole and it falls on a pedestrian, injuring or killing them. Cause-in-fact establishes a direct link between the defendant’s behavior and the accident. A good example is when a driver runs a red light and strikes another vehicle.
By applying the discussed elements of negligence, liability in a Houston car accident case may easily be established. Drivers, vehicle owners, vehicle manufacturers, construction companies, and state agencies may each carry a fault in a car accident. Finding the best car accident attorney will boost your chances of making the most out of your case. Call us today to speak with our best-rated lawyers.
Lone Star Injury Attorneys, PLLC
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