Collisions on Bellaire’s roads remain the most common source of personal injuries in the state. Even crashes that occur at relatively low speeds can cause severe physical injuries, devastating emotional trauma, and significant financial harm. However, the extent of your losses does not automatically hold the other driver liable for damages. You still bear the burden of proving fault for a crash.
A Bellaire car accident lawyer is ready to help from day one. They could gather the evidence needed to prove negligence for a collision, measure how that event has impacted your life, and demand the full compensation you need to make things right. Contact the Gutierrez Law Firm today to learn more about working with one of our diligent personal injury attorneys.
Negligence in Texas Law
Most automobile crashes that occur on Bellaire’s roads are accidental. This means that it is unfair to allege that another driver intended to cause an injury. However, driving is such an inherently dangerous activity that state law will hold an individual responsible for damaging actions, even if they were unintentional. As a result, the basis for pursuing compensation after a crash is called negligence.
A negligence case requires the injured person to show that another’s actions were the primary source of their losses. A Bellaire attorney that is well-practiced in handling motor vehicle accidents could fight to prove this concept.
How a Driver Could be Found Liable
One of the ways a driver may be determined to be at fault for a crash is by violating a rule of the road that exists for the safety of all travelers. This might include:
- Not adhering to set speed limits
- Failure to yield at signs and traffic lights
- Running stop signs
- Driving while intoxicated
- Participating in distracting activities while behind the wheel, such as texting
If another driver receives a ticket for these violations and a traffic court later returns a conviction, this could be used as evidence of that driver being to blame for a collision.
Modified Comparative Negligence
Auto collision lawsuits must evaluate the actions of all people involved in the crash. Bellaire law uses a concept called modified comparative negligence to examine the choices of both plaintiffs and defendants. Under Texas Civil Practice & Remedy Code § 33.003, a court that believes a victim to have been more than 50 percent to blame for a crash cannot award any compensation. If this blame amounts to less than half, the court will reduce the compensation by that same percentage.
Seeking Fair Compensation for Injured Victims
A driver found to be at fault for a collision must provide payments to cover the losses of all victims. In most cases, this involves a claim through an insurance policy and will revolve around a physical injury and the medical care necessary for treatment. This could include an ambulance trip, ER care, surgery, and rehabilitation. Compensation for losses that are financial in nature are also known as economic damages and can include reimbursement for lost wages from being home during recovery.
In addition, these cases can demand payment for non-economic damages, which are losses that did not result in the direct loss of money. This includes emotional traumas, loss of quality of life, pain and suffering, and loss of companionship in wrongful death cases. A skilled Bellaire attorney could work to understand the ways an auto accident has affected a person. This would allow them to place an accurate value on the injured individual’s losses and demand appropriate payments from negligent drivers and insurance companies.
Seek Help from a Bellaire Car Accident Attorney for Compensation
Traffic accidents are a leading cause of injuries throughout the Bellaire area. These incidents can cause physical harm, and reduce your quality of life and ability to support your family. A driver who causes these losses through carelessness should provide the payments needed to set things right.
A Bellaire car accident lawyer is ready to take all necessary steps to pursue appropriate compensation. Contact the Gutierrez Law Firm today for a free consultation and legal guidance you can count on.