Ask a Lawyer: 7 Steps to Take Immediately After an Car Accident in Texas

If you've been in a car accident, a lot depends on proving fault. This makes it important to have a McAllen, TX accident lawyer fighting on your side right from the beginning to help you show exactly what happened and who is responsible. By Finding Evidence Evidence is always needed to prove fault, and you must prove several elements in a case like this. First, the evidence must show who was negligent; that is, who had a duty of care and failed in it. In a car accident, this is usually a person who broke a traffic law and thus caused the accident, such as by running a red light. But just showing negligence isn't enough. You must also show that the negligence caused the accident, which wouldn't have happened, or at least would not have been nearly so bad, but for the person's negligence. more To prove all this requires showing what the duty of care was, how it was broken, and how it caused the accident. The first can be simple in some cases (all drivers have a duty of care to obey traffic laws), but sometimes it's more complicated. If there's a trucking company involved, for instance, then there are additional duties, such as the duty to follow all federal trucking regulations. In that case, your lawyer will need to get access to the truck maintenance and driver logs and possibly internal records of the trucking company. Then, you'll need to prove a breach of the duty of care happened and that it caused the accident, and that usually requires video or photographic evidence, witness testimony, or an accident reconstruction specialist, who can piece together the physical evidence to explain how things went down. Your lawyer can get access to things you might not be able to find, such as the security camera footage from a nearby store or the black box recordings of the vehicles. By Using the Evidence Well Just having the evidence isn't enough in itself. You have to be able to put it together logically and clearly to make an argument that shows why one party is at fault. This is something your lawyer will have done many times, so your lawyer will put the evidence into a coherent narrative and then use this in negotiations with the insurance company and, if necessary, in the courtroom. By Protecting You Texas only allows you to bring a claim if you are less than 50% at fault. The other side's insurance company may try to push off more blame onto you than you deserve in an attempt to get you to 50%. Or, they may minimize your losses and damages to minimize their own payout, because even if you're less than 50% at fault, your damages will still typically be reduced by the same percentage as your fault. They have some clever tactics for shifting blame and denying coverage, but an experienced lawyer will know how to handle it. Contact the Almaraz Law Firm in McAllen, TX to start a free consultation and get an experienced lawyer on your side right away.

Car accidents are complicated, and the reality is that there's often more than one party responsible. If you've been injured in an accident, you have the right to get compensation for your losses from whoever is liable for that accident, but it's always wise to talk with a McAllen, TX car accident attorney to find out how comparative fault may affect your claim. What's "Comparative Fault?" Comparative fault is a way of acknowledging in law that more than one person can be to blame for an accident. It allows people to bring a claim even if they are partially at fault, but typically the amount of a person's claim will be reduced by the same percentage as their fault. If you are found 15% at fault in the accident, therefore, you would only be able to claim 85% of your total damages and losses. more Different states have different ways of figuring fault. In some states, contributory negligence laws mean that you cannot recover a dime in compensation if you have any fault whatsoever, even if it's just one percent. Other states have what's known as a "pure comparative negligence" system, and this allows you to recover even if you are as much as 99% at fault! However, since your compensation is reduced according to the percentage of your fault, if you were 99% at fault, you would ultimately recover very little. But most states, Texas included, have a system that takes a middle ground between these two extremes. If you are less than 51% at fault (in other words, if you are not primarily responsible for the accident), you can recover damages in Texas. Again, however, your damages will be reduced by the same percentage as your fault. Why Having a Car Accident Attorney Is So Important You can probably start to see why it's so important that you have an attorney in these cases. First, if you are found to be 51% or more at fault, you will not be able to claim any damages whatsoever. If you and another driver both contributed fairly significantly to the accident, you can be sure that the other driver's insurance company will work overtime to try to push enough blame onto you to avoid having to pay anything at all. Even if things aren't that close, though, every percentage point of fault assigned to you is a few more dollars the insurance company doesn't have to pay. If you have $150,000 in medical bills and other losses, and the insurance company can get you from 10% to 15% at fault, that's $7,500 they don't have to pay and which you are now out of pocket for. One of the most important jobs your lawyer has is to protect you from any unfair blame so that you don't lose any compensation you are owed. After an accident, contact the Almaraz Law Firm in McAllen, TX as soon as possible so we can get started protecting your claim. We also serve clients in Midland, Edinburg, Odessa, and San Antonio.

Sometimes accidents happen. No matter how careful a driver you are, you can't always account for the weather, the condition of the road, or the behavior of other drivers. At the Almaraz Law Firm in McAllen TX, we know that forewarned is forearmed, so read on to find out what a car accident attorney wants you to know about this aspect of Texas law. 1. Texas Is a "Fault" State In some states, the law is that in a collision between two insured drivers, the damage taken by each driver is paid for by their own insurance companies. However, this is not the case in Texas. Texas operates on a tort liability system, meaning that the person found to be at fault for the accident is responsible for all damages resulting from the crash. more If you're involved in an accident, you have the right to seek compensation from the at-fault driver's insurance company, file a lawsuit against the driver, or pursue a claim through your own insurance if it covers the damages. You must prove that the other driver was negligent or careless in some way to recover damages. This could involve showing that the other driver violated traffic laws, was distracted, or otherwise failed to exercise reasonable care while driving. 2. Compensation Is Reduced By Your Percentage of Fault Texas follows a modified comparative fault rule, which can affect the amount of compensation you receive if you are found partially at fault for the accident. Under this rule, you can still recover damages even if you are partially responsible, as long as you are not more than 50% at fault. However, your compensation will be reduced by your percentage of fault. 3. There Is a Statute of Limitations As with other types of accident, there is a time frame within which you must file your lawsuit for personal injury or property damage resulting from a car accident. This time frame is known as the statute of limitations. For car accident cases, the statute of limitations in Texas is generally two years from the date of the accident. If you do not file a lawsuit within this period, you may lose your right to pursue compensation for your injuries or damages, so it's important to act promptly. 4. A Car Accident Attorney Can Help You wouldn't expect to have to rewire your house yourself or do your own medical examination, so why would you feel like you had to act as your own advocate? When you need help, it's best to consult a specialist rather than going it alone. An attorney will protect your rights and advocate on your behalf, especially if the other party disputes liability or if you are facing a complex case involving multiple parties. By seeking legal advice early on, you can avoid common pitfalls and strengthen your position in any legal proceedings. Get in touch with us at the Almaraz Law Firm in McAllen TX, to consult with an experienced attorney.