Car accidents happen every other minute in Texas. According to research, a crash occurs every 57 seconds, with nearly 500,000 auto wrecks being reported every year. Unfortunately, many of these devastating accidents are attributed to negligent driving practices and human error.
If you have suffered severe injuries due to a car accident caused by a driver’s negligent acts, you need someone by your side to help you resolve the issue. Having a qualified Texas car accident lawyer by your side is an essential step you can take to discover critical facts about your crash. With an attorney’s assistance, you may obtain the financial compensation you deserve, helping you pay your medical bills and indemnifying you for pain and suffering, lost wages, and damage to your car. To get started, seek help from an accident attorney with our firm today.
Determining liability in a Texas car accident ultimately comes down to negligence. You must establish which parties were reckless or careless in the moments leading up to the crash. The fault will be based on the specific cause of the crash. Some of the most common causes of auto wrecks in Texas include distracted driving, speeding, faulty systems, inclement weather, bad roads, failure to yield, tailgating, and aggressive driving.
Any of these causes can result in catastrophic consequences. To establish fault, you must determine which party owed you a legal duty of care, how they breached it, how causation occurred, and lastly, prove the damages you suffered. The most popular defendants in car accident claims are individual drivers for careless driving, vehicle owners for poor maintenance, vehicle manufacturers for defective parts, state agencies for poor road maintenance, and construction companies for unsafe road designs. Other road users may also bear liability if their actions directly or indirectly resulted in a crash.
When deciding to file a car accident claim, you want to understand what compensation you may be entitled to receive. If eligible for compensation, you can claim damages for psychological afflictions or mental anguish resulting from the crash, such as PTSD, physical pain and suffering, loss of income earning capacity, lost wages, and loss of employment benefits, such as pension, among other losses.
Damages in a car accident claim fall into three categories. Economic damages cover losses that have a definite monetary value, such as lost wages for the time not worked, rehabilitation costs, vehicle repair costs, medical expenses, and lost financial benefits. On the other hand, intangible losses, also referred to as non-economic damages, take into account loss of consortium, physical pain and suffering, emotional suffering, and diminished quality of life. If your claim is resolved through a court process, the judge may award punitive damages to punish the defendant for their involvement in the crash if it resulted from negligence.
Various car accidents differ significantly. However, several factors have a substantial effect on the size of potential settlements from the at-fault party and their insurance companies. A skilled Texas car accident attorney will handle all matters pertaining to the case on your behalf as you focus on recovery. The amount of compensation you can receive depends entirely on the specific details of your case. If the claim does not go to trial, its settlement value will depend on negotiations between the defendant’s insurance company and the local auto accident attorney. Therefore, it is essential to have a lawyer you can trust during this process.
The most common factors considered when determining the settlement value include time lost from work, pre-existing injuries, injury mechanism, the value of damaged property, the driver’s credibility, subsequent harms following the accident, the severity, duration, and extent of injuries, if the harm relates to the car collision, and if you are healing permanent or temporary harms. The question of insurance coverage is also critical. If the at-fault party was not insured at the time of the crash, they may have to pay you out-of-pocket, resulting in lower compensation. Additionally, the venue or location of the scheduled trial can affect the settlement value, and the nature and attitude of the jury can differ between urban and rural areas.
Our Texas car accident lawyers know the proper procedures to build a reliable car accident claim. Therefore, you should contact us immediately after the accident for a free consultation on how to proceed with your case. We can explain the help we can offer to ensure that you receive the financial compensation you deserve.
By: Robert M.
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