West Lake Hills Car Accident Lawyer
Thousands of people get seriously or even fatally hurt in traffic accidents around Texas every single year, and many of those accidents stem mostly or entirely from negligence by just one person involved. Even if you only suffered minor injuries and property damage in a wreck, you may have grounds to demand comprehensive civil restitution if you prove the incident only happened due to someone else’s careless or reckless conduct.
That said, car accident litigation can be deceptively complex even when it seems obvious who bears fault for the wreck, as any experienced personal injury attorney knows. If you want a fair chance at getting fair compensation for your damages, seeking help from a seasoned West Lake Hills car accident lawyer may be a crucial first step towards achieving that kind of case result.
What Makes Someone Liable for a West Lake Hills Car Wreck?
The moment they start their engines, every licensed driver in Texas assumes a “duty” under state law to obey applicable traffic regulations, pay attention to nearby vehicles and people, and broadly act reasonably at all times while moving. Anyone who fails to live up to this duty, whether by doing something overtly illegal or just being broadly irresponsible, can be said to have “breached” it—and any such breach which directly leads to a collision resulting in injury is legally “negligent,” which is the basis for almost every successful car accident claim.
Notably, state courts generally do not make any determinations regarding the “scale” of someone’s negligence leading to a car wreck—someone who causes a wreck by looking away from the road at just the wrong moment is just as negligent and just as liable for damages as someone who causes a wreck by speeding or driving drunk. However, especially egregious negligence or malicious actions may compel a court to impose punitive damages against a defendant in addition to restitution for specific compensatory losses like:
- Medical bills
- Lost work wages/salary
- Lost ability to work
- Car repair costs and other property damage
- Physical pain
- Emotional/psychological trauma
- Lost quality/enjoyment of life
A West Lake Hills car crash attorney can discuss in detail what losses might be recoverable in a specific case during a private consultation.
Possible Obstacles to Effective Civil Recovery
Texas Civil Practice & Remedies Code §§33.001 through 33.017 set out the “modified comparative fault” system followed by Texas courts with regard to assigning fault to personal injury plaintiffs for causing or worsening their own damages through negligence. This is important to car accident litigation because it means a court could reduce the total compensable available to an injured person or even bar them completely from recovery if the court finds that person committed a traffic violation or did something careless themselves.
Additionally, TX Civ. Prac. & Rem. Code §16.003 allows most prospective plaintiffs just two years after actually sustaining injury to begin any litigation they ever intend to pursue over the incident in question. Support from an experienced lawyer can make a huge difference with understanding and navigating around legal roadblocks like these during car accident litigation in West Lake Hills.
Get in Touch with a West Lake Hills Car Accident Attorney
Automobiles are irreplaceable tools in the average Texan’s life, but they can also be exceptionally dangerous if operated in unsafe and irresponsible ways. If someone caused you physical harm recently through their own negligent driving, they may be liable—and you could demand comprehensive recovery—for all your ensuing losses.
A conversation with a West Lake Hills car accident lawyer could provide you clarity about your legal options and how you could proactively pursue your claim. Schedule a meeting by calling today.
