Auto accidents can be disorienting. This overwhelming event often leads many people to make mistakes—generally confined to legalities but usually avoidable. By consulting with auto law attorneys, you can avoid the common pitfalls.
There are many things to tackle after a car accident. From dealing with aggressive insurance adjusters to handling specific legal challenges, it helps to seek proper legal representation.
Auto law attorneys can help you sidestep these pitfalls, protect your rights, and pursue just compensation for your losses.
This post is for you if you’ve been involved in a car accident. This article will discuss critical situations where auto law attorneys can help.
Mistakes Can Compromise the Outcome of Your Claim
One of the significant mistakes that you could make and compromise your claim is failing to call the police to the scene.
To make a claim, you need a police report, which gives an official account of what happened at the scene. Having this document can significantly assist in establishing fault and liability for the negligent driver.
If you believe your negligence contributed to the event, admitting or even apologizing at the scene can be detrimental to your case. So it is crucial to make any statements, even out of courtesy, that can shift the blame to you. It is best to wait until the details are thoroughly examined and law enforcement officers issue an official report.
Another common mistake is needing to be more accurate in gathering evidence. You must have photographs or videos at the scene, mainly focusing on the vehicle damage and injuries. These pieces of evidence can be valuable in supporting your claim.
Dealing with Aggressive Insurance Providers
While insurance companies serve the noble purpose of providing financial relief during difficult times, the claims process is a test of your patience. Overwhelming is the word that best describes it.
First, you must deal with assertive insurance adjusters who aim to minimize payouts; worse, they will completely deny your claim.
While appearing to support you, some insurance adjusters may put you in a situation that leaves you no choice but to accept an undervalued offer. A quick settlement means quick cash, which is enticing if you’re in a precarious position. But that amount may be less than the fair compensation you deserve.
Some insurance adjusters may pressure you into signing an unjust or inadequate settlement offer. Having auto law attorneys intervene can level the playing field and ensure you receive the compensation you deserve.
Understanding the Challenges in Auto Accident Cases
Even if you are the offended party, did you know your compensation claim may be reduced?
The State of Texas operates under the principle of comparative negligence. If your fault or negligence contributed to the accident, your compensation may be lowered proportionately.
This principle adds complexity to car accident cases where the fault is disputed. Proper legal representation is crucial to ensure a fair outcome and just compensation.
Car Accidents and Personal Injury Claims
As a victim of an auto accident, you have the right to seek damages through personal injury claims. These actions aim to provide victims like you with the means to recover from costs associated with the unfortunate event.
Medical expenses, property repairs, and lost wages are just some of the financial losses incurred due to the auto accident.
Claiming damages is a complex process. It calls for the need to have competent legal representation. This is where the expertise of auto law attorneys comes in. These lawyers will guide you in navigating the intricacies of personal injury cases and advocate for your rights.
Establishing a Successful Personal Injury Claim
In pursuing a personal injury claim in car accident cases, you must establish the following elements.
1. Duty of Care
Every person owes a duty to exercise due care when operating their motor vehicle on the road. They are bound to safely and adhere to traffic laws.
2. Breach of Duty
The responsible party breached this duty of care by disregarding road safety or violating traffic laws. This breach could involve distracted driving, excessive speeding, or driving under the influence of drugs or alcohol. He could be held liable for damages to the offended party for his negligent or reckless behavior.
3. Causation Between Duty of Care and Breach of Duty
It must be shown that negligence or recklessness of the responsible party was a significant factor that caused the accident.
4. Damages
As a result of the accident, the offended party suffered damages. These damages may include medical bills, treatment costs, loss of earning capacity, and emotional turmoil.
When to Consult Auto Law Attorneys
Consulting auto law attorneys early on is crucial to obtaining a successful outcome in these situations. These lawyers offer legal expertise in working with insurance companies and advise you on the best action.
Having competent legal representation improves your chances of getting the relief sought.
1. Severe Injuries or Fatalities
The stakes are high when the accident results in severe injuries or death. In these cases, the compensation needed to repay the offended party is higher than usual. The reason is that the compensation will be used to cover medical bills, emotional toll, and long-term care for the offended party, which can be substantial.
2. Disputed Liability or Fault
When there are disputes on the facts, a problem arises. It becomes a matter of “you said versus they said.” From the judge’s perspective, there are two stories to consider, yet there can only be one truthful set of facts that will be the basis of the court’s decision.
This situation calls for the expert help of auto law attorneys. These lawyers can gather evidence, interview witnesses, and reconstruct the accident to clearly understand what happened. With competent legal representation, you can build a solid case to support your claim.
3. Inadequate Insurance Coverage
If the responsible party does not have adequate insurance coverage (or is uninsured), it is a problem. Recovering compensation becomes a challenge. Auto law attorneys can explore options for you to obtain rightful compensation.
4. Accidents Involved Multiple Vehicles
Multiple-vehicle accidents are complicated. There are intricate scenarios involving several assertions of the truth, with each party asking for a different relief from the court. This makes the determination of liability and fault very challenging.
Auto law attorneys can break down the sequence of events and assess the participation of each party in the accident, building a solid case for you.
Seeking Justice and Pursuing a Claim for Damages
Filing a car accident case in Texas involves several steps. It can be intricate because of the rules and procedures governing the legal process.
Understanding the litigation process and the potential consequences can help you make informed decisions.
1. Filing of Initiatory Pleading
The process begins by filing a complaint against the driver at fault. As the party who initiated the case filing, you are the plaintiff, while the opposing party is the defendant. You can also include other persons as defendants in the same case.
2. Discovery Phase
After the initial filing of pleadings, you and the opposing party engaged in the discovery phase. In this stage, you will exchange evidence and other information relating to the case. You can submit questions or make requests for information to the adverse party. In the same way, the latter can submit questions or make requests to you.
3. Pre-Trial
After the discovery phase, the case proceeds to pre-trial. This stage will address the legal issues of the case.
This is also the stage where both parties are encouraged to enter settlements. If not reached, the case will proceed to trial.
4. Trial
During the trial, both sides will present their evidence. The ordinary course of trial usually starts with you, the plaintiff, presenting evidence and witnesses.
However, there are also instances when the defendant may be called to present evidence ahead of the plaintiff. This happens when the defendant pleads new matters by way of an affirmative defense to defeat or evade liability for the plaintiff’s claim.
5. Judgment
The court will decide after both sides have presented their evidence and made legal arguments. It will determine liability and award damages if you establish the defendant’s liability or fault.
On the other hand, if the court is dissatisfied with the evidence you presented, it may order in favor of the defendant.
6. Appeal
The losing party may appeal the judgment by elevating the case to a higher court.
Why You Need Auto Law Attorneys in Car Accident Litigation
In litigation, parties can lose their case not because they don’t have enough evidence to support their claim. Sometimes, the court will rule against them because of procedural errors. They don’t know how to present their side, failing to adhere to the strict rules and procedures.
Seeking justice through litigation requires proper legal representation. Auto law attorneys can guide you, advocate for your rights, and pursue the best possible outcome.
Significantly improve your chances of success in auto accident cases. Get in touch with O’Hara Law Firm.