Everyday millions of Americans drive their cars. Pure probability would indicate that at least one accident is bound to happen with so many motorists on the road at every moment of every day. If a car accident ever occurs to you may be faced with medical bills in the tens of thousands in addition to lost wages from not being able to work and the pain, you were forced to suffer through. Naturally, the party who hit you should be the one who has to pay for the damages you incur. But often the party who hit you may not have the money you deserve but Texas requires all drivers to have insurance which means that often times the other party’s insurance will have the money to compensate you for your injuries.
Not all lawyers get equal results. I believe that every accident victim deserves and a strong attorney with a track record of success in getting the insurance company to pay for the damages their drivers cause.
Elements of a car accident claim
The most common, and preferred, theory of recovery that arises in car accidents is negligence. In order to prove negligence a plaintiff must prove 4 things:
• That defendant owed plaintiff a duty
• That the duty was breached
• That the plaintiff suffered damages
• That the breach was the actual and proximate cause of the plaintiff’s injury
In a car accident case, the duty is due care which means that the defendant will take reasonable steps to not cause harm while performing an act that could foreseeably harm another, such as driving a half ton car at 50+ miles per hour.
A breach occurs when the defendant fails to live up to that standard of care. A breach can often be inferred in a car accident because if both drivers were exercising due care then an accident wouldn’t have happened.
Causation in negligence claims and, most other forms of legal action, is bifurcated into actual cause or proximate cause.
Actual cause is a question whether the result in question could have happened without the existence of a factor. Most often, this theory gets reduced to the “but for test” which simply puts forth that an event would not have occurred but for another event.
Proximate cause is a limitation on actual cause which determines if the harm resulting from an action could reasonably have been predicted.
Do you really need an attorney?
If you were injured due to the negligence of someone else, then you need counsel to represent your best interests. The moment that you’re injured, the insurance company will deploy its adjusters to circle you like buzzards offering to settle your claim for pennies. With me, I’ll make sure your protected from settling for less than you deserve. Additionally, when the insurance company offers to settle they require you to agree to waive your rights to future claims, don’t get duped by the insurance the companies and instead make sure you have a lawyer on your side.
If you or a loved one has been injured as a result of a car accident, contact car accident attorney Benjamin Roberts today at 713-609-1898. You want an attorney that has experience handling car accident claims and knows what you will need to do to recover not only from your injuries but also recover compensation from those who caused your injuries.
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