Car accidents can result in serious personal injuries, which can lead to extensive medical treatment and lengthy rehabilitation, as well as time missed from work. The financial consequences can quickly add up, and when another driver’s negligence or bad behavior caused the accident, that person should be held liable for damages.
In order to prove fault in a Texas car accident claim, there are a number of steps you should take in the moments immediately following the accident, as well as in the days and weeks ahead. One of the most important decisions you can make is to contact an experienced New Braunfels car accident lawyer to explain how proving fault in Texas works and to help you understand your rights.
Understanding Texas Car Accident Law
Texas is what is known as a fault state. This means that the driver who caused the accident can be held liable for the damages suffered by those involved. If the at-fault party’s insurance policy is unable to cover the total damages, victims may file a personal injury lawsuit to pursue additional compensation.
It is also important to understand the length of time you have to file a lawsuit in Texas. Generally speaking, Texas personal injury law has a statute of limitations of two years. That means anyone in New Braunfels who needs to pursue compensation after a crash has two years to file a lawsuit.
However, that doesn’t mean you should wait to take action. There is a lot of evidence that must be gathered immediately, and a skilled Texas auto accident attorney will want to launch an investigation to start proving fault and assessing damages right away.
Evidence Used to Prove Fault in Texas Car Accident Claims
When your attorney is building a case to prove that the other driver was at fault for your accident, there are numerous pieces of evidence to collect, including:
- Police report: After an accident, you should always call the police and ensure that an accident report is filed. In some cases, the law enforcement officer who arrives at the scene of the crash will provide information about fault. In some cases, the other party will receive a traffic citation, which can go a long way toward proving that driver was negligent and thus was at fault for the accident and your injuries.
- Photographs of the accident scene: Although the immediate aftermath of a car crash can be disorienting, it is important to take many photographs of the vehicles, any injuries you suffered, and even the area surrounding the accident. You should take photographs from many different angles, capturing any signs of damage. In addition, you should take photographs of the road and the general area in which the accident occurred. Such photographs can help an accident reconstruction expert determine the events that led to the crash, which will be extremely important in proving fault.
- Witness statements: After an accident happens, witnesses can provide helpful evidence for proving fault. For instance, a witness might have seen the other driver run a red light or roll through a stop sign, which resulted in the crash. You should get names and contact information for witnesses at the scene, and you should be sure to take notes about anything that a witness says he or she saw. Your lawyer can get in touch with these witnesses at a later date to determine whether they can help to prove that the other driver is liable.
Call on a Skilled Auto Accident Lawyer to Prove Fault in Your Texas Car Accident Case
When another driver behaves in a negligent or careless manner, the results can be devastating. You and your family may be left coping with a pile of medical bills and worrying how you will afford to miss work and still make ends meet. You shouldn’t be forced to pay for someone else’s mistake.
An experienced New Braunfels car accident attorney can help you to compile evidence to show the other driver was at fault for the accident. Contact the Burch Law Firm today to learn more about how we can assist you. An initial consultation with our skilled legal team is always free, and our firm does not charge attorneys’ fees unless and until we secure compensation for you.
Troy Burch has practiced law in New Braunfels since 1990 representing residents of New Braunfels and the surrounding communities. Troy Burch graduated with high honors from Texas Christian University and from Baylor Law School.