Proving the Driver Who Caused the Accident was Negligent
Winning a car accident case depends largely on the facts of the crash and if the driver who caused the accident was negligent. An experienced attorney can present arguments that prove negligence by demonstrating the following:
- The other driver owed a duty of care. All drivers on the road must drive in a way that conforms to a particular standard of conduct, the type of conduct you were taught when you learned to drive. Speeding, racing or driving recklessly does not conform to that standard.
- Duty of care was breached by the other driver. A crash report or police report will help our attorneys clearly demonstrate a breach on the driver who caused the accident. One of the most egregious breaches is when the driver is found to be drunk and fails a sobriety or a blood alcohol test.
- That breach caused the injuries you suffered. Where and when you were treated for your injuries is very important to winning your case, that combined with the fact that the driver crashed into you or rear-ended you at speed will also help our attorneys win a settlement for you.
- Your injuries are real and can be substantiated. The medical providers who cared for you will document all of your visits, treatments and procedures. Our attorneys will obtain these records from emergency rooms, hospitals and clinics. These records will substantiate and support your claim. If the case goes to trial we will retain medical experts who can testify to your injuries, pain and suffering as a result of the accident.
Do not Talk to the Insurance Companies
In order to win your case an attorney will always advise you to not discuss the details of your case with anyone especially the insurance companies. If you do find yourself speaking to an adjuster do not accept any fault in the accident and do not discuss the extent of your injuries. Be very general and not specific, tell the adjuster that you are getting treatment but do not tell them what type of injury you are being treated for. In order to settle your case it is in your best interest to retain a car accident attorney. Attorneys have extensive experience dealing with insurance companies where you may be dealing with them for the first time. Having an attorney on your side will make a world of difference.
Keep Records to Support Your Injury Claim
In order to substantiate your claim and win a settlement for you an attorney will need to have as much documentation as possible. This will include:
- A Crash report can be obtained by contacting the Texas Department of Transportation (TxDOT) or the Texas Department of Public Safety. The crash is a critical piece of evidence because it is fill out by a police officer and it has details of who was involved in the accident, who was given a ticket or citation, where the injured parties were taken, typically a hospital emergency room and a written narrative of the accident by the police officer. With this in hand an attorney can clearly establish who was at fault, how the accident and who was injured.
- Medical records will be gathered from the doctors and facilities where you were treated for your injuries. This can include an emergency room at a hospital, clinics and hospitals that treat your fractures, broken bones or back injury, and any therapy you receive to help you fully recover. These records are important because they are completed by medical professionals and they document every visit you’ve made what type of treatment was provided.
- Medical bills will also be gathered from the facilities where you treated. Medical records substantiate what you were treated for and medical bills substantiate the cost of your treatments. These are hard costs and will be important when your attorney negotiates a settlement with the insurance company or argues your case in front of a judge and jury.
- Lost wages will need to be corroborated by your employer and detail the days and hourly wages you missed when you couldn’t work.
- Impact on your quality of life, although intangible a serious injury such as broken bones can affect your life. If you are an adult and have hobbies such as woodworking, carpentry or you are an amateur musician, injuries can have a devastating impact. For children or teenagers injuries can affect their ability to play sports or join dance or cheer clubs.
Settling Your Case With the Insurance Company or Winning at Trial
Once you have finished your treatment and all of your documentation has been gathered your attorney can effectively put a value on your case and present a demand to the insurance company to settle your case. Before presenting the demand to the insurance company it is imperative that you and your attorney discuss it in detail. You and your attorney must agree on the demand before sending it to the insurance adjuster. This is where the negotiations to settle your case begin.
If your case cannot be settled in negotiations your attorney may have to file a lawsuit. Our attorneys have extensive trial experience and will work hard to prepare you case for trial and advise you of all aspects of trial so you are comfortable before going into the courtroom. We will present all the evidence gathered and bring in medical experts to bolster your case and support your claim for damages.
The lawyers at Michael P. Fleming & Associates, P.C. will always provide a free consultation to discuss your case and you pay us nothing, we only get paid if we win a settlement for your car accident case. Call us today 713-221-6800 so we can review your case or contact us online.