If someone else’s negligence leaves you injured in a car accident, you’ll file a car accident claim with the at-fault party’s insurance provider in pursuit of fair compensation for your physical, financial, and emotional losses. It’s important to note, however, that – while the insurance company handling your claim is invested in limiting your settlement amount – an experienced Texas car accident Injury attorney is standing by to help.
Bringing a Successful Car Accident Claim
In order to bring a successful car accident claim that affords you the compensation you deserve, you’ll need to establish that each of the following legal elements applies:
- The at-fault party owed you a duty of care. This means that they had a legal responsibility to your safety, which every motorist bears for everyone else on the road.
- The at-fault party breached the duty of care you were owed, which means that they engaged in some form of dangerous negligence.
- The at-fault party’s negligence was the direct cause of the accident that left you injured.
- You suffered losses that are addressed by personal injury law, which are called legal damages.
Your dedicated car accident injury lawyer will ensure that each of these elements is well-represented in your car accident claim.
The Other Driver’s Negligence
Most car accidents on Texas roads are the direct result of some form of driver negligence, and the following are among the most common:
- Impairment
- Fatigue
- Failure to heed all traffic lights, signals, signs, and warnings
- Speeding, which includes driving too fast in relation to weather conditions and in relation to the condition of the road
- Aggression
- Distraction
Proving the Other Driver’s Fault
It’s not enough to prove that the other driver engaged in some form of negligence behind the wheel – you’ll need to show that their negligence directly caused the accident in question, which generally comes down to evidence.
Witness Testimony
Witnesses often play a key role when it comes to proving that another driver’s negligence caused an accident. For example, the testimony of eyewitnesses at the scene can help establish exactly what happened. Witness testimony, however, does not end here.
Expert witnesses with industry knowledge in the mechanics of your accident can also help you build a stronger claim. The related police report and any tickets issued are another form of testimony, and the officer involved may provide direct testimony regarding their own relevant observations.
Physical Evidence
Physical evidence can also help flesh out your claim. Some of the most common examples include skid marks on the road, the positioning of the vehicles post-accident, physical damage to the vehicles, and any paint transfer from vehicle to vehicle.
Photos and Videos
Photos and videos can play a solid role in your car accident claim, and there may be more sources than you realize. Depending on where the accident takes place, footage and shots from dashcams, the phones of bystanders, security cameras, and traffic cameras could all be available.
Accident Reconstruction Models
How a car accident played out can be exceptionally difficult to effectively describe in words, but professional reconstruction models can generate clear representations that capture a wide range of details. Making the accident less challenging to visualize can help streamline the process of proving fault.
Outlining Your Losses
Another critical component of your car accident claim is clearly outlining your complete losses, which break down into the following basic categories:
- Property damage to your car and to any of its contents
- Medical bills, which may include future healthcare needs
- Lost income, which may include losses that relate to advancing your career
- Physical and emotional pain and suffering, which can be even more difficult than your other losses combined
Your Accomplished Texas Car Accident Injury Attorney’s Role
Your resourceful Texas car accident injury lawyer will skillfully guide your claim toward a favorable resolution by ably handling each of the following:
- Building a strong claim that weaves the available evidence into a compelling narrative that is difficult for the insurance company to fight
- Skillfully communicating and negotiating with the insurance company – in focused pursuit of an optimal claim outcome
- Guiding you smoothly through the claims process and helping to ensure that you don’t become ensnared in the traps that claimants often fall victim to
- Being well prepared and well positioned to defend your legal rights in court in the event that the insurance company isn’t interested in fair dealings
Consult with an Experienced Texas Car Accident Injury Lawyer Today
The trusted car accident injury attorneys at Moore Law Firm – proudly serving the entire Rio Grande Valley – understand the significance of your car accident claim and are committed to fiercely advocating for a resolution that honors your rights. We are on your side and here to help, so please don’t hesitate to contact or call us at (504) 840-5529 to schedule a free consultation today.