Killeen Car Accident Lawyer

Motor vehicle crashes are among the most common sources of personal injuries in the state of Texas, and often some of the most dangerous circumstances under which injuries can occur. Head-on collisions and wrecks that occur at high speeds or on major highways have the potential to cause catastrophic harm to everyone involved, including bone fractures, lacerations, and occasionally permanent brain and spine damage.

Anyone hurt in a wreck caused by someone else should speak to a Killeen car accident lawyer about their legal options as soon as their physical condition is stabilized. Once retained, a knowledgeable and dedicated personal injury attorney can help you catalog your compensable damages, prove liability by another individual or entity, and efficiently navigate around legal roadblocks to recovery.

Holding Someone Else Responsible for a Car Wreck

In virtually all motor vehicle accident cases, legal negligence will be the basis of the plaintiff’s argument for compensation. In order to prove that a defendant was legally negligent and therefore liable for a crash, the plaintiff filing suit against them must prove that all the following conditions are true:

• The plaintiff was owed a duty of reasonable care by the defendant
• The defendant violated—or breached—the duty of care they owed the plaintiff
• As a direct result of the defendant’s breach of care, an accident occurred
• The plaintiff suffered compensable losses as a direct result of this collision

There are two parts to proving harm. One is the actual cause of your injury. The actual cause is easier to show, since your injuries can be documented by medical reports and photos from the scene.

The proximate cause, sometimes called the “but for” cause, is the second element of causation. It means that “but for” the thing the defendant did, your injuries would not have happened.

The defendant’s actions must be both the cause of your injuries and reasonably foreseeable in causing the harm. This is a complex legal concept your attorney should handle.

Since all drivers on public roads owe each other an implicit duty of care to obey traffic laws and drive safely, the first element of legal negligence is almost never in dispute in car accident cases. Where help from a seasoned Killeen car accident attorney may be important, though, is in collecting and presenting evidence showing that the defendant driver did something reckless or careless that constituted a breach of duty, and in proving a causal relationship between that breach of duty and the plaintiff’s injuries.

Negligence Per Se and Car Accidents

Proving that the other driver had a duty to you, and that they breached their duty, can be easier in car accidents thanks to a legal doctrine called negligence per se. Under this doctrine, the elements of duty and breach are presumed when a defendant violates a statute or regulation designed to protect the public.

To prove negligence per se, your attorney must show three elements in your case.

• The defendant or other driver must have broken a specific law or statute
• The law must be meant to protect a specific class of people from a specific type of harm
• The breach or violation must be the actual cause of your injuries

The advantage to negligence per se is that you will not need to argue what a reasonable driver would have done in the same circumstances. The legal violation means that the driver was unreasonable by law.

Potential Limitations to Civil Recovery

Even if the plaintiff and their attorney can prove that the defendant was negligent, liability may not fully be placed on the defendant. Texas Civil Practice and Remedies Code §33.003 grants civil courts the authority to assign a percentage of fault to every party involved in a civil case—potentially including the injured plaintiff.

It is very rare for someone to be 100% free of fault in their own accident, and insurance companies are skillful at finding ways you could have contributed to the collision. Two common ways of minimizing your harm are:

• Failure to mitigate your damages: If you did not see a doctor right away, or did not follow doctor’s instructions, the insurance company can claim your injuries are not as severe as you say. It is essential to get immediate treatment and to follow the doctor’s orders until they say you should stop.
• Admissions of fault or guilt at the scene: Any statements accepting blame, promises to repair damage, or minimizing the other driver’s fault can be used against you later. Try to say nothing after an accident.

If the injured person is found partially liable for causing or exacerbating their own injuries, they may have their recoverable damages proportionately reduced. For example, if the injured plaintiff is found 20 percent at fault for their accident, they would only be able to recover for 80 percent of their total damages. Additionally, as per TX. Civ. Prac. & Rem. Code §33.001, any plaintiff found to be over 50 percent at fault for an accident cannot recover any compensation at all.

Deadline To File a Claim

Car accident victims must be sure to abide by the statutory filing deadline applicable to their case, which TX Civ. Prac. & Rem. Code §16.003 sets at two years after the date their accident occurred. Beyond just proving fault and keeping track of recoverable damages, a car wreck lawyer in Killeen can also work on a plaintiff’s behalf to ensure these rules and restrictions do not hamper their ability to seek restitution.

Learn More by Speaking with a Killeen Car Accident Attorney

No matter what circumstances it occurred under, a car accident can be a jarring and life-altering experience, especially if it causes you to suffer serious injuries. Fortunately, you may be able to recover compensation for every one of your injuries and losses if you can prove someone else was at fault for the incident they stemmed from.

A seasoned Killeen car accident lawyer can offer guidance and support throughout every stage of your civil case. To schedule a consultation and see what may be possible in your situation, call today.