If you’ve been in an accident, you know how difficult it can be to source the funds you need to pay all your expenses. The good news is that Texas law requires the person at fault for an accident to cover the losses and damages of those injured. The hard part can be proving that the other person is at fault. A skilled abogados de accidentes, or accident lawyer, is the key here.
How Can You Prove the Other Driver Was at Fault in an Accident?
1. Working With An Abogados de Accidentes
The sooner you talk with the lawyer, the better. Your lawyer can get to work quickly to investigate the accident and help you find all evidence needed to show that the other driver was at fault. Your lawyer will also be able to protect you against false accusations that try to saddle you with fault you should not bear for the accident, and you should be aware that this could happen.
Texas has a comparative fault rule, which says that the amount of your damages will be reduced by the percentage of your fault, so it is in the best interest of the other party and their insurance company to put as much blame on you as possible. Visit this page to learn more.
2. By Showing a Duty of Care Was Violated
The first step in proving fault is to show that the other driver owed you a duty of care and that it was violated. All drivers have a duty of care to other people on the road, and they fulfill this duty by following traffic laws and driving carefully.
You have to prove that the accident was not a real “accident” in the sense that it could’ve been avoided if the duty of care had not been breached. You will need to show that the other driver was doing something like running a red light to show that they violated their duty to you.
3. By Linking the Violation to the Accident
The next step is to show that by violating their duty of care, the other person caused the accident. Just because someone was texting, for example, doesn’t mean that they were actually the cause of the accident. Even if the other person was drunk behind the wheel, if the accident was actually caused by a third-party or an outside situation, you may not have a case against the other driver.
4. By Linking Your Damages to the Accident
Finally, you have to show definitively that your damages and losses are a direct result of the accident which was caused by the other persons’ negligence. It’s good to have a lawyer on your side for this, too, since it’s not uncommon for insurance companies to try to argue that injuries had nothing to do with the accident they are responsible to cover.
The best way to prove negligence against the other is with the help of a skilled lawyer. Contact a local lawyer as soon as possible to find out more for your case.
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