If you’ve been in a car crash and it’s the other person’s fault, you have the right to file a personal injury claim.
If you have some experience with being involved in an accident, then you know that at the scene the first thing that seems to happen is that everyone points fingers and says “It was the other guy’s fault,” not that this gets anything settled or makes things easier for those involved in the accident.
Basically, the most crucial thing you will need to know, prior to filing a personal injury lawsuit as the result of a car crash, is who is responsible for the accident. In some states there is the concept of comparative negligence or proportionate responsibility, and Texas is one of them. This means that if both parties are at fault for the accident, the award is apportioned according to the percentage of the liability as determined by the courts.
In these kinds of lawsuits, your attorney is required to prove to the court the other party was at fault due to his or her failure to drive with reasonable care. If it can be proven that the other driver was under the influence of a drug or alcohol, on a cell phone or speeding, and that these circumstances caused your accident, the court may award you the damages you are seeking. If it is proven that you were also on your cell phone and were partially responsible for the accident, your damages will be reduced by the percentage of your determined liability.
When it comes to the question of proving who is legally responsible, there are certain things that the courts must see. Your attorney must demonstrate there is a legal duty to provide due care and attention or care and responsibility. Secondly, you must also prove the other party involved in the accident did not exercise due care and by not doing so, was the direct cause of the accident and your injuries.
Being able to prove these things to a court’s satisfaction will usually mean you may be able to recover compensation for damages to your body or personal property. If you have been involved in a car accident and sustained significant injuries, consult a highly skilled personal injury attorney who will discuss your potential case and advise you on how to proceed. Each case is based on the facts and not all cases will go to court.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.