If you’ve been in a car accident, in order to collect compensation from the person responsible for your injuries, you will need to prove that they were negligent. Negligence is a legal term, and your car accident lawyer in Katy, TX can help you gather and effectively use the evidence to show who is responsible.
How to Prove Negligence in a Car Accident Case
To prove negligence, you have to prove a couple of important elements. The first one is that the person responsible for your accident had a duty of care to you. Then you have to prove they breached the duty of care. You will also have to prove that it was specifically this breach which caused your injuries and what those injuries are; but the first two elements are what allow you to show that negligence happened at all.
Duty of Care
Sometimes, duty of care is quite simple to prove. If someone has a driver’s license and chooses to get behind the wheel of a car and drive it in Texas, they have a duty of care automatically to all other users of the road. This duty requires them to obey all traffic laws. It also forbids them from driving distracted or impaired. It requires them to properly maintain their vehicle, and it furthermore requires them to moderate their driving as needed given the weather or road conditions. For example, while a driver might not be at fault for driving 35 mph in a 35 mph zone under most circumstances, if the accident happened at night during a storm with driving winds and rain that was causing standing water to build up, it’s possible they could be considered negligent for going 35 mph under those conditions.
Other times, the duty of care in a car accident is not quite so simple. Say that your accident took place because another driver hit you, and you initially believed they had run a red light. After investigation, it turns out that actually their light was green and yours was too: this is rare, but it does happen and is just an example. In this situation, liability can be mixed. If the city was aware that this light was having issues and had not fixed it or properly alerted drivers to the hazard, the city could be liable since the city has a duty of care to keep lights in working order.
Proving Breach of the Duty of Care
Proving that the entity responsible for your injuries had a duty of care is only step one. You must now show that they breached this duty, and this will require specific evidence that shows the breach. For example, if a driver was speeding, you will need witness testimony, information from the “black box” in that driver’s car, or something similar to prove it. If they ran a red light, you will need evidence that shows they did. If a cyclist caused the accident, you will need to be able to show how they did that. Maybe they failed to signal when making a turn or failed to respond to a stop sign as cyclists are required to do.
It can be trickier to prove some breaches, such as the faulty traffic light situation described above. In that case, you would need to show that the city was aware of the issue and had a reasonable amount of time to deal with it. Depending on the circumstances, the other driver may still be partially liable if they were speeding or driving distracted, even if they technically did not run a red light. As you can see, it can be complicated, and your lawyer will help you to gather the evidence and work out what actually happened.
Evidence Important to Proving Negligence
Photo and Video Evidence
After an accident, if you are physically able, it’s a good idea to get pictures of the entire accident scene. You’ll need pictures of the vehicles themselves and their positioning, damage, and license plates. You’d also want to get pictures of the general scene, including any pictures that might show a malfunctioning traffic light or other road hazard, as well as the weather conditions (if possible). Pictures of skid marks, damaged property, and anything else related to the accident will be helpful to your lawyer as they put together what happened.
Although some of it may seem confusing, a lawyer can often call in an expert accident reconstruction witness who can look at the damage and road marks and explain what happened. If you have a dash cam, that will be very helpful. If you notice the other driver has a dash cam, or if you see cameras anywhere else, be sure to note their location and talk to your lawyer about them immediately. It’s important for your lawyer to subpoena that footage before it can be erased.
Witness Testimony
Witness testimony is always very important in a car accident case, so if anyone saw the accident, get their name and number to pass on to your lawyer. While the insurance companies and courts will certainly listen to what you and the other driver have to say, third-party witness evidence is the best, as it is considered the most objective. Your lawyer will talk to potential witnesses to discover who has useful information and makes a credible witness.
“Black Box” Evidence and Police Reports
When the police arrive, they will do a report, and this report will go a long way to showing who is responsible. By itself, the police report is not the final determinate of fault. The police were not actually there and are making an educated guess based on what they see and hear once they arrive. However, it is an educated guess and carries a lot of weight.
Most modern cars also now come with something equivalent to the “black box” on an airplane that records data from the vehicle and can show some information about what happened that may be useful to proving negligence. For example, the recorded information may show that the other driver was speeding. It may show that the other driver failed to brake prior to the accident, which, depending on the circumstances, could be used to suggest that they were distracted at the time.
Talk with a Car Accident Lawyer in Katy, TX
It’s important to have a lawyer working with you to gather and use the evidence. Proving liability is crucial in these cases. Texas law will only allow you to bring a claim for damages if you are 50% or less responsible for the accident, and, whatever your percentage of responsibility is deemed to be, your damages will be reduced by that same percentage. This gives the insurance company quite a lot of incentive to blame you as much as possible. If they can hold you 20% responsible for the accident, they would only have to pay 80% of your claim. It’s vital that you have someone with experience on your side to protect you.
If you’ve been in an accident, reach out to us now at the Law Office of Shane McClelland for help in Katy, Sugar Bend, Rosenberg, and Ford Bend County.