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.
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:
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.
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.
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.
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.
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.