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Proving Negligence in a Car Accident Case in Texas

What You Need to Know About Car Accident Liability in the Lone Star State

If you are seriously injured in a car accident you may need to prove that another party’s negligence caused your damages. Proving negligence, however, can be complicated without the help of a qualified attorney.

At Bailey Cowan Heckaman, we are experienced lawyers that will work tirelessly to hold negligent parties accountable for their wrongdoing. Our legal team is well-versed in handling insurance companies and obtaining the maximum compensation for our clients. If you have been injured in a car accident in Texas, contact our office at +18883677160 to schedule a free consultation. 

How Do I Prove Negligence in a Car Accident Case?

Most car accident claims are based on negligence. It is always within your best interest to consult with an attorney about your case before making any statements about your case or accepting a settlement offer.

To prove a claim for negligence you must show: 

  • Duty - You must prove that the other party owed you a duty of care.
  • Breach - The other party breached the duty of care they owed to you.
  • Causation - The breach of that duty was the proximate cause of your injuries.
  • Damages - You experienced actual losses as a result of the accident.

In some cases, the cause of the accident is clearcut, but in others it may not be so straightforward. An attorney can conduct an independent investigation to determine who or what caused the accident and whether you have a valid claim for damages.

What Types of Evidence are Needed to Build a Strong Case?

In order to prove negligence, you will need to present evidence about the accident and your injuries.

Types of evidence that can be used to build a strong case:

  • Accident report
  • Cell phone logs
  • Surveillance videos
  • Photos of the scene
  • Vehicle maintenance records
  • Medical records

An attorney can help determine what kind of evidence you will need to prove your case. It is a good idea to consult with an attorney as early in the process as possible.

What Are Common Misconceptions About Liability?

One of the most common misconceptions is that an injured party is not able to obtain compensation if they are found to be even partially responsible for the accident. 

Texas follows a comparative negligence rule meaning that an injured party can still recover damages if they are found to be partly at fault for the accident. Their recovery will be reduced in proportion to their share of liability. 

If an injured party is found to be over 50% at fault, they will be unable to recover compensation from another at fault party. 

Injured in a Car Accident in Texas? Contact Our Office.

If you are involved in a car accident in Texas, contact our office at +18883677160 to schedule a free consultation. Cases are handled on a contingency fee basis meaning that there are no fees unless we win. Get over 30 years of experience on your side. We’ve successfully handled thousands of cases. Let us get you the justice you deserve. Call now to get started. 

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