Arlington Side-Impact Car Accident Lawyer
Some of the most difficult examples of car accidents to analyze are those that involve an impact to the side of a plaintiff’s car. These side-impact accidents are any incidents where the point of impact is the side panel of a plaintiff’s vehicle. The accidents can be the result of one driver failing to check a blind spot, situations where one driver does not stop at a red light, or even instances where a driver fails to yield to another.
In all these cases, a plaintiff must prove that another party’s negligence was the source of the incident. This can involve visiting the scene of the accident, talking to other witnesses, and analyzing the facts of the accident in conjunction with local traffic laws.
An Arlington side-impact car accident lawyer could help to take all the necessary steps to obtain appropriate compensation for you. This can include money to pay for medical bills, lost wages, and emotional trauma. It is best to speak a nearby car accident attorney to discuss your case.
Analyzing Side-Impact Car Accidents to Determine Fault
The goal of any successful side-impact car accident case in Arlington is to show that a defendant’s negligent driving was the cause of an accident. In general, a driver is negligent if they operate their vehicles in a way that places other people at an unacceptable risk of harm.
The simplest way to prove negligence is to show that a defendant violated a rule of the road when the accident occurred. Common examples of this behavior that can result in side-impact car accidents include:
- Failing to yield
- Ignoring stop signs or red lights
- Not checking blind spots before changing lanes
If a plaintiff is able to show that a defendant received a conviction for a moving violation related to the incident, a civil court may assume a defendant to be liable for the accident.
In other cases, assigning blame for a side-impact car accident is more of a balancing act. Courts in Arlington must use a concept called modified comparative negligence to assign blame for accidents. According to Texas Civil Practice & Remedies Code §33.003, a court will assign compensation based on the percentage of blame that a defendant carries. However, if a plaintiff is more than 50 percent at-fault for the incident, that plaintiff cannot collect any payments. An experienced Arlington side-impact car accident lawyer could help to show that a defendant was solely liable for the incident.
What to Expect When Pursuing a Side-Impact Car Accident Claim
Every claim for damages following a car accident requires plaintiffs to follow a specific procedure. Even if the case never gets to court, which few car accident claims do, it is still necessary to prepare as if this will be the end result.
The most immediate pressing matter is to receive all necessary medical care. This will help a person to make their best recovery as well as to memorialize the incident as the result of a car accident. A local attorney could help to gather the medical records and bills associated with this care.
It is only once a person reaches a maximum level of medical improvement that they should make a demand for compensation. This involves submitting a detailed demand package to the defendant’s insurance company. That insurance company will then respond with a counteroffer. However, that same insurance company may demand recorded statements about the incident or submit written questions that a plaintiff and their attorney must answer.
Ideally, this process ends with a fair settlement without needing to file a complaint in court. However, if the need to take a case to trial does occur, an Arlington side-impact car accident lawyer is prepared to take the necessary steps.
An Arlington Side-Impact Car Accident Lawyer May be Able to Help You
Side-impact car accidents can result in severe physical, financial, and emotional losses. However, you only have the right to collect compensation for those losses if you can prove that a defendant’s negligence caused those injuries. Proving this can be a complicated matter, and a failure to demonstrate that a defendant was the sole liable party can result in a reduced settlement or even a failed claim.
An Arlington side-impact car accident lawyer may be able to help you following a side-impact car accident. This can include gathering evidence of defendant fault, working to measure your losses, and handling all communications with the insurance companies. There is a strict statute of limitations of two years to pursue a claim, and the time to act is now. Schedule a consultation today.