According to the National Highway Traffic Safety Administration (NHTSA), at least 6.7 million auto wrecks occur each year in the United States. A staggering 2.7 million people get injured, making car accident cases among the most common in the local court systems. Unfortunately, many of these crashes are preventable, but for the mistakes of different players in the transportation industry.
If you were injured or had a loved one killed in a Texas traffic crash, we understand how difficult it can be to deal with the aftermath. The wake of having to seek treatment for injuries or plan the sendoff of a loved one can be emotionally draining as it can be financially burdening. However, there may be light at the end of the tunnel if you choose to take legal action against the party to blame for your injuries or losses. Firstly, you must establish liability in a Pasadena car accident case before recovering any compensation, and this is what our auto wreck attorneys are here to help you with.
In most states, including Texas, the party at fault for the accident bears financial responsibility for the losses that follow the crash. From a technical standpoint, the other party’s insurance company will step in to foot the bills and expenses you incurred. But if they are not insured, or you can’t track them down, you may also bring a claim against your insurance company. A qualified car accident attorney may help you establish which insurance company to deal with depending on the insurance information and policy available.
Establishing liability in a Pasadena car accident entails identifying the party you believe was negligent in the moments leading to the accident. To prove this, you will typically have to base your arguments and findings on negligence. In other words, you must establish that the other party behaved negligently, creating a hazard that caused the crash. The elements of negligence you must prove are:
All motorists and road users in Texas have a legal duty of care to ensure that their presence or behavior on the road does not cause harm to other persons. For motorists, they must safely operate their vehicles as required by state and federal traffic rules. In other words, they must prevent foreseeable harm or accidents from happening.
Many traffic crashes occur because someone was careless and failed to maintain the duty of care. If the other party created a dangerous situation contrary to what someone else would do under similar circumstances, they are deemed to have violated the duty of care. A breach typically occurs when motorists fail to follow traffic rules. For example, if a driver operates a vehicle while drunk (with a BAC of 0.08 or above), they knowingly set themselves up for legal action when they cause an accident.
Your next step will be providing proof to show the link between the defendant’s actions or inactions and your injuries. If you cannot prove causation, your case is likely to be dismissed. Insurance companies, through their adjusters, may not think twice about denying the legitimacy of your injuries. They may claim you were responsible for your own injuries, or they existed before the accident. A qualified attorney can help you provide proof such as medical documents and testimonials from expert witnesses.
Lastly, you must show the damages you suffered. Insurance companies may contend that the damages you claim for are higher than what you deserve or suffered. Achieving fair compensation in an injury case is a process. You may require a financial expert to consolidate your damages and calculate the value of your claim.
By establishing negligence, the next step will be to identify the parties responsible for your injuries. Liability in a Pasadena car accident case usually involves:
Depending on your case, you can sue one or more parties. In any case, the goal is to recover maximum compensation.
Discovering liability in a Pasadena car accident involves complex processes that require time and resources. Sadly, you may not have the luxury of time to focus on your case while following up with your doctor’s treatment plan. This doesn’t mean your case should stop. Our auto wreck attorneys are here to fill that gap. Get in touch with us today to have your case reviewed.