Harker Heights Car Accident Lawyer

Car accidents occur often in Harker Heights. Even if you follow all the rules of the road, a motor vehicle could still occur. If you or a loved one were injured in an auto collision due to a reckless driver, a Harker Heights car accident lawyer is standing by to discuss your case. Schedule a consultation with a seasoned personal injury attorney to determine the best route to take for your case.

Types of Car Accidents in Harker Heights

Car accidents can involve other motorists, bicyclists, pedestrians, motorcyclists, truckers, and buses. Some of the most common car accidents are:

• Single-vehicle crashes in which the injured party is driving the car that crashes, which could be caused by defective roads, driver error, inclement weather, or poor road signage
• Head-on crashes are more likely to occur on interstate highways, such as I190, and are more likely to be deadly
• Side impact crashes, also called broadside or T-bone crashes, are usually caused by improper left turns or running red lights
• Rear-end crashes often cause brain injuries and concussions because the victim’s head usually whips backward
• Rollover crashes are most common with high-ride vehicles such as SUVs and often involve turning at high speed
• Hit and run accidents occur when one driver hits another and flees
• Crashes involving third-party drivers arise when a driver for hire is transporting a passenger and crashes, such as taxi, Uber, and Lyft drivers

Although many motor vehicle accident victims spar with insurance companies, those who are unsure what to do should consult a Harker Heights personal injury attorney for help.

Proving Negligence Following a Crash

To prevail in a negligence action against a driver, a plaintiff must prove four elements. First, plaintiffs must prove a defendant had a duty to them. In this case, the duty is to drive safely, as someone in a similar situation would drive, so passengers and others on the road are not endangered. This is called the ‘reasonable person’ standard. For instance, a reasonable motorist would not speed, tailgate, text, or drink and drive, and if they do, they have breached the duty, which is the second element of a negligence claim.

The third element of negligence is causation. The plaintiff must show that the defendant’s actions caused the accident, and the defendant should have known the situation would likely end badly. The fourth element is damages, in which the plaintiff must prove the defendant’s actions were the direct cause of injury to the victim. For example, driving drunk and speeding is a breach of the duty to drive safely. With impaired reaction time, the defendant should know that an accident can easily occur, and when it does, the defendant’s actions are to blame. A Harker Heights injury attorney could review police reports, witness statements, hospital reports, and the victim’s statement to determine if the elements of negligence are met in a client’s situation.

The Statute of Limitations

Texas, and all states, prescribe by statute how much time someone has to file a civil lawsuit. According to Sec. 16.001 of the Texas Code, actions for personal injuries generally must be filed within two years of the date the accident occurred. Some exceptions apply. For instance, if the victim is under age 18, or of unsound mind, the statute of limitations does not begin to toll until the legal disability is resolved: the victim turns 18 or is deemed of sound mind. A victim cannot run one legal disability after another. For example, a 16-year-old hurt in a car accident has two years after turning 18 to file a lawsuit and cannot extend the deadline by being found of unsound mind at 20.

A Harker Heights Car Accident Lawyer Can Help Your Case

Car accidents can instantly change your life, leaving you to deal with medical challenges and how you will pay your bills if you cannot work. You can negotiate with insurance companies, but they are in business to settle your claim for as little as possible. You need an advocate who understands.

A Harker Heights car accident lawyer is here to help you get the compensation you may be due from a reckless driver. Call today for your initial appointment.