Texas Car Accident Liability: Who's Fault is it?

There are many reasons for a car accident to occur.  Many of these reasons are based on the negligence of a driver.  When the cause of an accident is caused by the inattentiveness or negligence of another driver they are also legally responsible for the damages that are caused by their negligence.  However, establishing that another driver was negligent can sometimes be a difficult task.  Many times your actions right after the accident can help establish the liability of the other party increasing your chances of your case reaching a positive settlement.  The information below is to help you understand how important liability is and how it can affect your case.

What is Negligence?

Negligence is a legal standard that is required to be proven to establish the fault of someone else.  Once negligence is proven, the negligent party then becomes responsible for all damages associated with their bad judgment and actions.  To establish negligence you have to:

1. Prove that they owed a duty to you
2. That they breached that duty
3. The breach of the duty owed to you was the cause of your injury
4. That you sustained injuries as a cause of the negligent act or acts

This is where we step in as Dallas Injury Lawyers.  We establish liability for you prior to filing any lawsuit through our investigation of the accident to insure that if and when you have to take your case before a jury, you will be prepared and ready to testify and to submit proof of each of the elements above.

What do I do After a Car Accident?

Evaluate Your Condition

First you need to evaluate if you are physically able to begin to collect evidence of the car wreck.  If you are not, do not attempt to move.  Wait until the ambulance arrives.  Do not discuss the accident with anyone.  Only talk about your injuries to the emergency unit.  Once you have been stabilized, you will need to contact an accident lawyer as soon as practicable to assist you in the investigation of the car wreck.  This is imperative because the other party’s insurance firm has already begun thinking of ways to say that it wasn’t their fault!  The longer you wait the more difficult it may be to investigate and establish the liability of the other driver.

Try to Take Photographs

If you are able to investigate the accident, begin to take pictures of how the cars came to rest if they are still in the road.  Take pictures of both cars.  With the advent of cellular phones this step has become easier for clients to do.  These pictures are sometimes the difference maker when it comes to establishing who is at fault and who should pay for the damages associated with the car wreck.

Avoid Expressing a Lack of Injury

Do not say that you are not hurt.  As Americans, we like to express our strength and durability.  And it may be true that you do not feel pain right away from the accident due to your adrenaline.  However, you may have suffered serious injuries during the wreck that cannot be detected until you have been evaluated by a medical professional.  For instance, disks in your back can be compressed and even ruptured without your knowledge for many months after the wreck.  We can send you to medical professionals at no cost to you to evaluate if you have any types of latent injuries that were caused due to the impact.

Keep a Log of any Physical Pain or Injury

As soon after the accident as possible, begin to keep a daily log of your injuries and how they have affected you.  For instance, if you are used to working out every day and the injuries you suffered have caused you not to be able to keep up with your physical fitness, this can be used to establish the pain and suffering associated with the car accident. 

Further, it can be used to demand and prove that compensation is appropriate.  If you broke a leg or arm or ruptured a disk in your back, this can be severely painful.  The pain can cause you to struggle with daily activities that you once took for granted.  Because you cannot take away the pain caused by the accident, that pain can be calculated into a money number to try to compensate you for the injuries you suffered through as a result of someone’s negligence.  That is where an experienced legal professional can help you solidify your case and maximize your potential recovery.