Motor vehicle collisions cause more injuries in Texas than any other type of accident. Unfortunately, many of those injuries have long-term or permanent consequences. Demanding financial recovery for your injuries caused by someone else’s negligence can often be a time-consuming, complicated, and frustrating process.
Luckily, a knowledgeable New Braunfels car accident lawyer could help you obtain the financial compensation you deserve. Whether you are dealing with life-altering physical trauma or emergency medical bills, a hardworking personal injury attorney’s guidance could be vital to securing a positive case result.
How to Prove Fault for an Auto Wreck
Negligence is the core concept at the heart of every personal injury claim in this state. The term refers to the notion that a person who injures someone else while acting recklessly should bear responsibility for the consequences of those injuries.
Proving that someone else was negligent and should be financially liable for crash-related damages requires proving that they caused an accident by acting in a reckless or careless way. In addition, an injured driver must prove that a negligent person’s behavior did not uphold a duty of care that all drivers have to other motorists on the road. Depending on the circumstances, a negligent act could be overtly illegal and may include running a red light or texting while driving.
A report by a responding police officer at the scene of a serious accident often mentions which driver is at-fault for a crash. However, a claim can—and usually must—incorporate other forms of evidence like video surveillance, dashboard camera recordings, witness testimonies, debris and/or photos from the crash site, and input from experts in accident reconstruction. An experienced attorney in New Braunfels could provide help collecting, preserving, and efficiently presenting evidence that another driver caused an auto collision.
How Could Comparative Fault Impact a Car Crash Settlement?
Even if an accident victim can prove that another motorist caused a wreck, they may be unable to recover the full value of their losses if they are found to have contributed to the crash or their injuries. According to Texas Civil Practice & Remedies Code §33.012, any civil plaintiff that shares blame for their damages may be subject to a proportional reduction in their financial recovery. For example, a driver who is found to be 25 percent liable for a car accident may only be able to recover 75 percent of their total losses.
Likewise, TX Civ. Prac. & Rem. Code §33.001 prohibits anyone found to be more than 50 percent responsible from recovering any compensation. With these rules in mind, support from a skilled lawyer in New Braunfels could be vital to contesting accusations of contributory fault made against a person injured in a vehicle collision.
Talk to a New Braunfels Car Accident Attorney
Car wrecks can be traumatic even if you walk away without suffering any serious physical harm. If a wreck caused by another driver left you severely injured, holding them accountable for your losses through civil litigation could be essential to preserving your financial future.
A New Braunfels car accident lawyer could provide the legal support you need to enforce your rights under your unique circumstances. Call today to learn more about filing a claim.