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.
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.
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Almaraz Law Firm
212 W. Nolana Ave. McAllen, TX 78504,
8422 Fountain Circle, San Antonio, TX 78229
701B W. Indiana Ste. 20, Midland, Texas 79701
Hours: Monday-Friday 9:00am - 4:30pm
*Midland, Texas available by appt only*
