In Texas, a car accident lawyer can provide a valuable service to people who have been seriously injured in a crash. While the number of fatalities in the state has dipped greatly in the last ten years, mostly due to public safety campaigns, it is still among the most dangerous state for drivers. In 2009, the Lone Star State ranked 16th in the nation in terms of the most traffic fatalities per million vehicle miles, so while it has made improvements, serious injuries are still too common. However, people who are hurt in a crash do have legal rights, and exercising these rights can help the victim recover compensation for their medical expenses and lost wages. However, the defendant’s liability has to be established.
IN TEXAS, HOW CAN A CAR ACCIDENT LAWYER HELP A VICTIM PROVE THEIR CLAIM?
Even though there are hundreds of serious crashes every day in the state, every one of them is different in some way. How liability is established can be based upon things like road conditions, traffic conditions, weather conditions, the state of each vehicle, where the crash occurred, and the events leading up to the wreck. It’s an attorney’s job to parse all of these details to build a convincing case.
Most of the time, these cases are resolved during the settlement phase as an experienced attorney will eventually build an indisputable claim. If the case goes to trial, though, the attorney will help their client through deposition, which can be extremely confusing and stressful for a victim. This is particularly true if the crash involves a commercial vehicle as the defendant will be the company the driver works for. When pursuing a claim against a large business, the defendant’s attorneys will typically be more aggressive and more likely to stoop to manipulative tactics to undermine the victim’s credibility. The victim’s attorney will need to be ready to counter these underhanded maneuvers.
HOW IS LIABILITY ESTABLISHED IN TEXAS?
A car accident lawyer will first review any police reports tied to the crash. If the police respond to a wreck, they will produce a report that confirms if injuries are present and if any traffic laws were violated at the time. A police report is extremely helpful if the victim is filing a claim of negligence. That is because the responding officer would record if the defendant were using their cell phone, speeding, driving recklessly, or if they were under the influence of a substance. If any of these negligent acts are present, the defendant will be liable for damages.
There is also a couple of situations where no-doubt liability is present. This includes any crash where one driver slams another driver from behind or when a driver collides with another vehicle while making a left turn. Cases that involve either one of these situations almost always end in the victim’s favor.
Recovering from a major vehicle crash is one of the most difficult things anyone can do, but with the help of an injury attorney, a victim won’t have to worry about recovering financially as well.