Whether you resolve your post-car-accident personal injury case with an insurance claim or proceed to file a lawsuit, your Houston car accident attorney must prove that it was the other driver who caused the accident.
Negligence is the most common legal theory for proving fault. It is a complex concept meant to impose liability for carelessness. Personal injury lawyers will use their legal knowledge and experience to gather evidence and present arguments to persuade insurers and jurors of the other driver’s neglect.
The Four Pillars of Negligence
A driver is deemed negligent whenever they fail to exercise reasonable care behind the wheel. Proving negligence, however, isn’t as simple as merely saying someone acted carelessly.
Your Houston car accident lawyer must prove the following four elements to establish negligence:
- Duty of care
- Breach of duty
- Causation
- Loss
All road users have a duty of care to drive, walk, and ride with ordinary caution. They breach that duty whenever they act in such a way that exposes other road users to an unreasonable risk of injury or death.
In many cases, these breaches happen when a driver violates a traffic law.
In certain cases, a breach of one’s duty of care may not violate traffic laws but still involve a driver doing something unreasonably dangerous. Texas has a law against texting and driving, for instance, but does not ban all handheld cell use.
Common Types of Evidence Used to Prove Fault in a Houston Car Accident
Your Houston car accident attorney must present evidence of the other party’s negligence to win an insurance claim or lawsuit. In particular, lawyers often rely on the following types of evidence in car accident claims:
Witness Testimony
Eyewitnesses can testify about what they perceived during and after the accident. For example, a witness might have seen the other driver look at their phone right before the collision. They may also testify that they did not hear any brakes squealing before the crash, implying that the other driver did not try to stop.
The police report will often include the names and contact information of any witnesses interviewed by the investigating officers. However, you can help your Houston car accident attorney gather testimony faster by listing the witnesses you talked to at the accident scene.
Lawyers can introduce testimony from two types of witnesses. Fact witnesses testify about what they heard, saw, or even smelled at the crash scene. An eyewitness is a fact witness.
Expert witnesses, on the other hand, can provide opinion testimony. For example, an accident reconstruction professional will apply physics and engineering to the information gathered at crash sites. They’ll analyze the data and form an opinion regarding how the crash happened.
Police Reports and Traffic Violation Records
The police report for your crash will contain valuable information for your attorney, such as the other driver’s insurance and contact information. More importantly, it will include the officer’s conclusions and any citations issued to the parties involved.
Your lawyer can use that information in your insurance claim to persuade a claims adjuster that the other driver caused the crash. And if the case goes to court, your lawyer can use the report to know what questions to ask the other driver and the investigating officer.
Physical Evidence
Some physical evidence relevant to a car crash case might include the following:
- Photos of the accident scene
- Pictures of the crash damage
- Photos of your injuries
- Measurements of skid marks
Physical evidence is often very persuasive because claim adjusters and jurors generally view it as objective. In other words, it is understood that physical evidence cannot lie.
Medical Records
Your lawyer will use your medical records to prove the severity of your injuries and the long-term effects you will most likely face. These records come from doctors and hospitals you visited after your crash, which is why it is critical to see a doctor promptly after your collision.
Surveillance Cameras/Dashcam Footage
Similar to forms of physical evidence, video footage can show what happened in an objective manner. Your lawyer can use subpoenas and other court processes to compel the disclosure of these videos.
The Importance of Working With an Experienced Attorney
An experienced attorney knows what works in accident claims. They can draw on prior cases to craft a legal strategy for your particular situation. That strategy will include gathering the right evidence and presenting compelling and persuasive legal arguments.
A reputable lawyer can also advise you about documenting your losses. Bank statements, receipts, and other financial records can help you prove your losses and get full and fair compensation for your losses.
FAQ
What Happens if Both Drivers Are at Fault?
Under Texas law, each person who contributes to an accident receives a percentage of the fault. Your compensation is reduced by your share of the blame. Thus, you would only get 70% of your compensation if you are found 30% at fault.
How Can a Lawyer Prevent the Other Driver From Blaming Me?
The evidence presented by your lawyer serves two purposes: It shows the other driver’s fault and rebuts any accusation that you were at fault. As long as the other driver was more than 50% at fault, you can recover compensation.
How Much Will a Car Accident Lawyer Cost?
Personal injury attorneys usually charge a contingency fee equal to a percentage of your compensation. That fee is only paid if the lawyer successfully wins or settles your case.
Contact Ramsey Law Group for Help
Proving fault in a car accident case requires a tailored strategy. And at Ramsey Law Group, we will listen to your story and gather the evidence to prove the other party’s fault. Contact us to schedule a free consultation to learn how we can help.