Unique Aspects of a Grand Prairie Car Accident Case
If you were injured in a car crash, you should seek help from a knowledgeable car accident attorney in your community. It is important to contact a car accident lawyer in Grand Prairie is because lawyers are experienced and know how to handle these types of cases. Reach out to an experienced lawyer who understands the unique aspects of a Grand Prairie car accident case and knows how to maximize the case value.
Common Causes Of Car Accidents
Automobile collisions often occur in Grand Prairie. One of the unique aspects of a Grand Prairie car accident case is how the collision occurs. There are many causes of a car crash, including:
- Drunk driving
- Reckless driving
- Bad weather conditions
- Running the red light
- Running stop signs
- Reduced visibility at night time
Another common cause of a car crash includes distracted driving. With distracted driving, the attorney could pull the phone records for the defendant and prove they were on their phone at the time of the accident. That is indicative evidence of negligence on their part.
Is Grand Prairie a Comparative Negligence Jurisdiction?
Personal injury cases are centered around the concept of negligence. Negligence is always the foundation of the case. When an individual is injured by someone who was negligent or careless, the injured person has the right to file a lawsuit to hold the driver liable for the damages or negligence they caused to the individual.
Texas uses a comparative negligence concept, specifically a modified comparative fault rule. The state does not use pure contributory negligence in personal injury claims, so an individual does not have to worry about being entirely barred from recovering compensation. However, under the Texas modified comparative fault rule, a person may be barred if their negligence contributed to the accident more than the other party involved.
The injured party’s settlement may be reduced depending on the percentage of fault they are allocated. There is a 51 percent bar rule. When someone is found to be 51 percent at-fault or more for contributing to an accident, they are not able to recover compensation for their damages.
It is always important to know the laws and rights when it comes to personal injury law. An injured person should work with an experienced and local car accident lawyer to protect their right to a maximum settlement amount so they can focus on recovering and obtaining the medical treatment they need.
Factors That Could Move Liability Or Fault
There are four factors of liability in a car accident. The plaintiff has the burden of proof to show that the other driver or the defendant was, in fact, responsible for the crash. Proving negligence requires knowledge and expertise.
The Defendant Driver Had A Duty Of Care
Anyone with a driver’s license is assumed to have a duty to care for all other drivers on the road. This is the easiest factor to prove because if the other party was driving, they automatically have this duty.
The Duty Of Care Was Breached
A breach in the duty to care for others can include any action considered negligent or reckless. That includes texting and driving, drunk driving, speeding, and other illegal actions.
The Breach Caused An Accident
Proving liability exists is showing that the accident is a direct result of the defendant’s breach of duty of care. This means that if the driver was distracted and collided with a person as a result, they can be considered liable.
One of the arguments the defense may try to use is claiming that the other person’s injury was pre-existing.
The Accident Resulted In Injuries
To successfully pursue a car crash claim, the lawyer must show that their client’s injuries and damages are a direct result of the accident in question. Proving liability without the assistance of a lawyer can be a difficult task, especially considering the large legal teams that are responsible for protecting the insurance company’s profits.
Insurance companies will always look out for their best interest, which is not paying out maximum settlement amounts. Regardless of whether it is a defendant’s insurance carrier or the person’s own first-party insurance carrier, insurance companies do everything possible to minimize the amount they have to pay out. It is important to reach out to a car accident attorney immediately after everyone is safe to protect all of their interests.
Schedule a Consultation With a Car Accident Lawyer Today
Some of the unique aspects of a Grand Prairie car accident case involves liability and how damages are calculated. After a motor vehicle collision, you should seek assistance from a skilled legal professional as soon as possible. A local attorney could advocate on your behalf and help you seek compensation that covers all of your injuries and damages. Call today to get started on your case.