Being injured in an accident can be incredibly stressful and traumatic, especially if the other driver caused the accident. However, just because you know that you didn’t do anything wrong does not mean much unless you and your attorney can prove so when filing a claim.
Every car accident is different from the next one. In some cases, determining liability may be relatively straightforward. However, there are some case accident cases where determining and proving who is at fault is more tricky. Ultimately, the insurance companies of both drivers involved may claim that the other driver was the one who caused the accident.
Because of this, it’s essential to understand how to protect your rights from the moment of the accident to ensure that you are not wrongfully determined to be at fault.
How Is Fault Is Proven in an Accident?
When filing an injury claim with the at-fault driver’s insurance company, you and your attorney have the responsibility of establishing your right to compensation. To do this, four basic elements must be proven:
- Duty of Care. The driver had a duty to exercise reasonable care behind the wheel.
- Breach of Duty. The driver was negligent and did not fulfill this duty while driving.
- Causation. The driver’s failure to fulfill their duty of care caused the accident.
- Damages. The accident led to your specific damages.
What Evidence Do I Need to Prove Fault?
Even if the fault of the other driver seems obvious and clear cut, their insurance company may try to put the blame on you so that they can avoid paying out your claim. Remember, insurance companies are businesses above all else; their first priority is to make a profit and do so by denying claims.
As such, you must take steps to prove beyond a reasonable doubt that the other driver (the driver that they insure) caused the accident and is responsible for your injuries and other damages. Here’s how these pieces of evidence will come into play when determining fault in your car accident:
- Photos and Videos. You can think of videos of photos as an irrefutable piece of evidence for your case. After a crash, snap as many photos as you can of the vehicles, your injuries, streets, road conditions, and the surrounding area. Your legal team will be able to use these to recreate the crash and determine what happened leading up to it.
- Witness Statements. If you and the other driver have conflicting statements about what happened, a third-party witness who has no stake in the claim is often necessary to determine what happened. After the accident, make sure to exchange contact information with any witnesses so you can contact them later on.
- Police Reports. After a crash, you should always contact emergency services so a local law enforcement officer arrives on scene. While a police report doesn’t completely conclude fault, it has vital information on it regarding the immediate aftermath of the accident that can outline what happened and how the accident occurred.
- Local and State Laws. Specific laws may dictate who was at fault and the responsibility of each driver. Certain aspects such as speed limits and right of ways are necessary to determine who was at fault.
How Can an Attorney Help Me?
If you’re injured in a Texas car accident, please know that you don’t have to deal with the aftermath by yourself—and we don’t want you to. Since 1962, The Edwards Law Firm has been protecting the rights of those injured across Texas by providing honest, caring, and ethical legal representation.
We committed to ensuring each client that comes to us for help obtains the compensation they need to recover physically, emotionally, and financially. To eliminate the financial burden of hiring an attorney, our firm works on contingency fees, meaning that our clients do not pay anything out of pocket and we only collect fees if and when we help win them compensation.
Let us work hard on your behalf so you can focus on healing the right way.
Contact The Edwards Law Firm at (361) 541-6333 to get started on your case today.