Reasons Why You Might Have an Injury Liability Claim from a Car Wreck

Reasons Why You Could Have an Injury Liability Claim in a Car Wreck

It’s virtually inevitable that most of us will probably be involved in a car accident on some unfortunate day. How can we tell whether or not we have a successful personal injury case against a negligent driver who should reimburse us for our injuries? Most of the time, a car wreck victim has a legal right to collect money for injuries by proving the four elements of an accident claim in court. Because all defendants are innocent until proven guilty, the burden to you, the injured plaintiff, is to prove the defendants in any insurance claim or civil lawsuit owe you these damages. All the defendants must do is deny your claim and tell you to “prove it.” Then, if your evidence isn’t strong enough to do that, they win, and you don’t collect. More on this website
There are four elements to proving injuries against a defendant. You must clearly and in succession demonstrate each of your charges is true. They are duty, breach, causation, and damages. Below is a brief discussion of each of these four elements. They should give you a clearer idea of what it will take to prove that you’re entitled to compensation for your injuries.

Defendants Owe You a Duty of Care

You begin by clearly establishing the duty of care that the defendant owed you because we are all required to exercise an acceptable level of caution to ensure we do not harm others. Texas Civil Law establishes the various levels surrounding the duty of care that a person or organization owes to another. This depends on the circumstances of the accident and the relationship of the parties involved at the time the wreck or accident occurs. Proving the defendant in your case owed you at least some duty of care will probably be pretty simple since virtually all drivers in Texas owe each other the duty to drive as a reasonable person would keep others safe. Unless there are unusual circumstances, the chances are that a general “reasonable person standard” applies to the defendant (or defendants) in your case. Though some personal injury cases can have duties of care that may be open to a certain amount of interpretation, auto accidents usually have a clear-cut duty of care which falls somewhere in the middle of the road on the duty of care grid.
For any questions, feel free to call the Carabin Shaw Law Firm in San Antonio

Proving that the Defendant Breached Duty of Care

In the next step, you (and your local car wreck attorney) must establish how the defendant breached that duty. In most personal injury cases surrounding auto accidents, plaintiffs and their attorneys must clearly show that the defendant drove in a way that a reasonable person would not have driven at the time of the wreck. Suppose your defendant drove unreasonably only for the moments immediately following your car’s wreck. In that case, he or she can be held legally responsible for any consequences that resulted from those negligent actions that seriously injured you. Proving the defendant breached the duty of care is typically one where you and your attorney present evidence to the court to remove any doubt about what the defendant did (or failed to do) that caused the car wreck. Now, suppose your case goes to trial. In that case, the jurors will consider your breach of duty evidence and additional evidence that clearly illustrates the defendant’s actions or intent at the time of the wreck. Then during their deliberations, they will rule the defendant behaved either reasonably or unreasonably. Inattentive behavior, like talking or texting on a mobile device, or offenses such as speeding recklessly, driving at night without headlights, running through red lights, driving while intoxicated, and more, can constitute a legitimate breach of the defendant’s duty of care. The defendant may not have been legally charged for these offenses in criminal court. Even if they evade moving violation charges in criminal court, avoiding a guilty verdict for the same behavior in civil court is altogether different. Some defendants’ actions might even support charges of willful intent to their breach of duty, which usually fortifies your case.

What should I do if I have been injured in an Accident?

What should I do if I have been injured in an Accident?

This legal information is not to be used as a substitute for the advice of an attorney. If you are injured in a motor vehicle accident, a police officer should be promptly called to the accident scene and a report of the incident made. Any injury, no matter how minor should be reported immediately to the police officer. It may become more significant later, even though it seems minor at the time of the accident. It is most important to seek prompt medical treatment. Do not sign any authorizations or give any statement to representatives of the other parties insurance carrier without the advice of your own attorney. Finally, faithfully follow your doctor’s advice.personal injury lawyers

In general, your health is of the utmost concern and any injury should not be ignored. You should always seek competent medical advice if you believe you have been injured. In the event the injuries seem serious, you should promptly consult an attorney in order to protect your legal rights before discussing your injuries with representatives of companies that insure those who have caused your injuries.

How do I know if I may need an attorney?

If you have sustained only minor injuries and you are certain that you are well and your injuries will not get worse, you may not need a lawyer. However, if you are not certain of the extent of your injuries or if your injuries disable you from performing your normal duties, experienced attorneys such as those at our law firm are crucial to you and your family.

When you or a family member are the victims of a serious injury, you are often at your most vulnerable. The insurance adjusters have been trained to understand the legal implications of an accident, and all too often offer smaller amounts of compensation for lost wages, medical expenses, pain, and suffering than you should receive. Their job is to obtain the best financial settlement and to obtain your signature on a release. Don’t start your personal injury case at a disadvantage. Our experienced expert law firm will be able to evaluate your case and advise you of your legal rights. It is important that you do not make a statement or give medical authorization to the insurance company if you think you need to ask an attorney’s advice. And remember, delay in contacting an attorney may be harmful to your case. The sooner you consult an expert attorney, the better the opportunity for a successful investigation and preservation of evidence for your case.

In order to protect your legal rights and your family’s future, you should consult with our law firm as soon as possible after an injury occurs.

There is a statute of limitations that requires you to file suit within a specific period of time, depending upon the circumstances of your case, or else you will be prohibited from obtaining any compensation for your injuries.accident injury lawyers

What is “Liability”?

The term “liability” generally means that an individual, company or some other entity may be obligated to pay damages or compensation to another.

The negligent driver, manufacturer or seller of a product, is responsible or “liable” to pay for damages including pain and suffering and financial losses if they are caused by his or her carelessness.

Liability or responsibility depends upon the duties imposed by the law. An attorney will be able to analyze who may or may not be liable in a particular case.

What is “Comparative Negligence”?

The term “negligence” denotes the failure to act as a reasonable, careful, and prudent person would act under the same or similar circumstances. Simply stated, negligence is carelessness.

Unfortunately, injuries can and do happen because of the negligence or carelessness of more than one person. This sometimes includes the injured party. In such situations the injured party is not prevented from obtaining compensation for his or her injuries.

The term “comparative negligence” means that the fault of all parties is compared and the amount of the recovery for damages sustained by the injured victim is reduced by the percentage of his or her own fault. In this way, each person is held accountable for the number of damages that they caused.

Auto Accident Statistics – Car Accident Lawyers

Auto Accident Statistics

Cell Phone Use & Driving
More than 80 million Americans have cellular phones

car accident attorneys - distracted drivers
Beautiful businesswoman sending a text while driving to work

More than 2,800,000 people make 911 calls from cellular phones
85% of drivers use their cell phone while driving
44% of all drivers have phones in their cars
Traffic Fatalities related to cell phone use have increased more than 800%
26% of all traffic fatalities were caused by driver distraction (Includes cellular phone use)
7% of all drivers have e-mail access
3% of drivers can receive faxes
Using the cell phone while driving, quadrupled the risk of getting into a car accident
Using a cell phone while driving is almost as dangerous as driving drunk
Talking on a hands-free set is as dangerous as a regular cell phone
Falling Asleep While Driving more information here @

15% of all car crashes are sleep related

Half of drivers who get into accidents, slept less than 6 hrs the night before the crash
Drowsy drivers were almost twice as likely to be working more than one job and 4 to 5
times more likely to be working the night shift
100,000 accidents a year – (3%- 4% of all accidents), occur each year as a result of drivers
falling asleep
76,000 injuries and approximately 1,500 deaths a years are a result of drivers falling asleep
behind the wheel
* as cited by USA Today Health

Teenage Driving

Car crashes are the leading cause of death for American teenagers
21% of young drivers involved in fatal crashes had been drinking.
Young people, age 15-20, make up 6.7% of the total driving population in this country but
are involved in 14% of all fatal crashes.
Over 60% percent of young people, 15-20 years old, who died in car crashes were
not wearing seat belts.
65% of teen passenger deaths occur when another teenager was driving.
Nearly half of the fatal crashes involving 16 year old drivers were single car crashes.
2 out of 3 teenagers killed in car crashes are male. Click here @