If you’ve sustained injuries in a car accident, you probably want nothing more than to watch your claim for compensation proceed without a hitch. Unfortunately, a wide range of factors can complicate car crash injury cases, such as serious injuries or property damage and the issue of there being more than one at-fault driver.
In many cases, only experienced lawyers for car wrecks can help bring these claims to a favorable conclusion.
Car Accident Case Complicators
Serious car accidents can result in substantial property damage and injuries, including potentially life-threatening conditions.
The victim may have to undergo intensive medical treatment or multiple surgeries. They may have lost a limb or suffered a disfigurement. Because of the extent of their injuries and related property damage, they typically face severe financial losses.
Even their physicians may not know the true scope of their injuries until weeks or months after the fact. This can make a case more challenging due to the legal statute of limitations, which is two years in Texas.
Determining fault can be the most complicated aspect of any car accident claim, but this is especially true for accidents that involve two or more vehicles. If the responsibility for the accident isn’t easily discernible, a number of frustrating legal challenges could arise.
The Many Causes of Car Crashes
In a state like Texas, a virtually endless number of factors can contribute to a car crash. Some of the most common include:
- Distracted driving
- Traffic violations
- Impaired driving
- Driver fatigue
- Aggressive driving
- Inexperienced driving
- Poor road conditions
- Inclement weather
- Defective vehicle or parts
Texas is a modified comparative negligence state, which means that a car accident victim can be partially to blame for their crash and still seek compensation through a personal injury claim.
However, in these cases, an injury victim’s assigned percentage of fault reduces the amount of compensation they’re eligible to recover. If someone is deemed more than 50% at fault for their accident, the law prohibits them from recovering damages.
With car accidents, it may not always be readily apparent who should bear most of the blame.
In crashes involving multiple vehicles, it may turn out that several (or even all) of the drivers share responsibility. Liability may also fall on a company that owned a vehicle involved in the wreck, a vehicle or parts manufacturer, or a government entity that failed to appropriately maintain the road on which the mishap occurred.
Gathering Evidence and Records
When handling cases involving significant injuries and financial losses or multiple at-fault parties, lawyers for car wrecks conduct comprehensive independent investigations using the available evidence. This typically includes the official police report, photos or video footage taken at the crash scene, and witness statements.
If necessary, attorneys can expand on the evidence by obtaining:
- Expert witness testimony (e.g., an accident reconstruction specialist report)
- Traffic camera footage
- Vehicle event data recorder information
- Rideshare app data
- Roadwork history
- A road’s accident history
- Weather reports
- A commercial truck’s repair and maintenance logs
- Cell phone records
- Social media content
Not only does a skilled car accident attorney gather evidence, but they also preserve it and draw from it to build a compelling narrative to present to the insurance company or, potentially, a judge or jury.
Collecting Witnesses Testimony
When it comes to building a strong case for a car accident injury victim, eyewitness testimony is nearly as important as the police report.
Anyone at the accident scene can corroborate your telling of the events leading up to the crash. They may even add details that you missed, such as observations related to the road conditions or the responsible driver’s behavior.
Potential eyewitnesses include other drivers, vehicle passengers, or pedestrians in the vicinity at the time of the crash. While the responding police officer will solicit witness statements at the scene, it’s vital that you also identify these individuals and take down their contact information.
Competent lawyers for car wrecks will contact witnesses to request statements of their own. Witnesses can give their accounts over the phone or send in written statements. Depending on the circumstance of the case, an attorney may formally depose the witnesses.
Negotiating With Insurers
Your car accident lawyer will initiate the negotiation phase of your claim with a demand letter sent to the at-fault party’s insurer. This letter will provide an overview of your injuries and losses and specify the amount needed to settle the claim fairly.
An insurance adjuster will review the claim and respond with an offer, typically one that doesn’t adequately reflect your losses. Your attorney and the insurance company may negotiate for days, weeks, or even months to arrive at a mutually acceptable sum.
During this process, your attorney will keep you updated on any notable case developments. They’ll also make themselves available to address any questions or concerns that arise.
FAQs
What if the Insurer Is Unwilling to Budge on a Lowball Offer?
A good attorney won’t hesitate to take your case to the next level: a formal trial. If your case goes to court, the fate of your claim will be in the hands of a judge or jury.
What Are the Chances of My Case Going to Trial?
The majority of accident claims end with settlements. But if there’s no other viable option to cover your medical costs, missed work, property damage, and other losses, your attorney will fight for you in court.
What Court Handles Accident Claims in Texas?
Depending on the amount of the claim, a district or county court will hear the case. The specific court will typically depend on the area in which the accident took place.
Work With a Proven Car Crash Attorney
Have you or a loved one been injured in a car accident? Contact Ramsey Law Group today to schedule a free consultation. Our knowledgeable Houston attorneys are ready to guide you through the personal injury claim process and work to maximize the compensation available to you.