Types of Cases
In order to prove that the accident was a result of some sort of negligence on behalf of one of the parties involved, a few things will need to be looked at:
Legal driving standards – When a person gets behind the wheel of a car, they have a duty to abide by the rules of the road and take the protection of others on the road into their account. This applies to speed limitations, watching for bicyclists, merging limitations, and having respect for commercial vehicles such as buses on the road.
Reckless driving is another common cause of car accidents on Texas roads. Reckless driving includes things like speeding, changing lanes too quickly, swerving, and tailgating. Sometimes reckless drivers are rushing to get somewhere on time, are not paying close enough attention to the road, or are trying to get an adrenaline rush. Whatever the reason, reckless driving is unnecessary, and the consequences can be catastrophic for anyone who meets a reckless driver.
Breach of legal driving standards – When a driver does not adhere to the rules of the road, this is considered a breach of driving standards. A breach of legal driving standards could be as simple as not going the correct speed limit, to texting while driving, to driving under the influence. When a person gets behind the wheel of a car, they must be held accountable to keep the lives of others safe. When someone does not take the safety of others into account and acts out of selfishness or carelessness, this is considered an act of negligence.
Injury due to negligence – Driving related injuries can take a lifelong toll on an individual. Some individuals involved in a car accident with sustained injuries are lucky enough to walk away and live a normal life, recovering quickly. Others, injuries can pose a lifelong threat and sometimes can be fatal. Driving related injuries are usually the result of lack of attention while behind the wheel or being under the influence of a substance that impairs the driver’s ability to pay adequate attention while behind the wheel. Driving under the influence of a substance that impairs a driver’s driving abilities is a serious offense and can result in a DUI. A DUI can hold many negative consequences, including having one’s driver’s license revoked, posing a threat to one’s potential career, and much more.
In some cases, it is not always the fault of just one party in a car accident. Sometimes, both parties share fault in the accident. This could be in the case of both driver’s texting and being a part of a collision. In cases like this, this could take a toll on the amount of compensation that is able to be recovered, if any at all. This will typically vary depending on the state to state laws.
Steps to Take After a Car Accident in Houston
When an injury is involved in a car accident, these are the steps that should be taken to determine fault and to receive potential compensation:
Investigation – The police, as well as your attorney, will perform an investigation and study all factors of the case. Typically, at the scene of the accident, officers will interview both parties involved in the accident and take statements. They will also assess the state of the vehicle, as well as any injuries, one or both parties have sustained as a result of the accident.
Medical visit – If an injury is involved, it is important to visit the hospital as soon as possible to get documentation attributing any injuries to the accident. This is extremely important in being able to prove the fault of another party in a car accident.
File a claim – It is important to file a claim with your insurance company once a car accident occurs. Your insurance company will help to ensure that the damages or a portion of the damages are paid for so little to nothing will come out of your pocket. This is usually done through collision coverage, even if you are not at fault for the accident.
Contact an attorney – Once you have visited a medical expert and filed your insurance claim, it is now the time to contact a car accident attorney. It is important to be as detailed as possible with your attorney and to provide any relevant documents such as medical bills, statements, and insurance documents so that your lawyer can effectively build your case.
Case settlement/lawsuit – When you have recovered from your injury, you have the choice to either settle your case or move forward with a lawsuit against the other party. If you are not sure whether a lawsuit is necessary, your lawyer can advise you in regard to the circumstances of your case and help you to move forward.
Mediation – Before mediation, your attorney will typically speak to the other party to get his or her statements on the accident. Once this happens, both parties and their attorneys will meet for mediation. Mediation is done to hopefully reach a settlement on behalf of each party so that the case will not have to progress to trial.
Trial – If a settlement or agreement cannot be reached, the case will then progress to trial for the court to determine fault and compensation agreements.
If you have been injured in an accident and need guidance on next steps, contact one of our Houston car accident lawyers today and let us answer any questions you may have.
