Our firm has years of experience successfully negotiating and litigating car accident injury cases in order to obtain the highest possible compensation for our clients. The most common type of personal injury claim is made by victims of car accidents, motorcycle accidents, and truck accidents. These claims are typically based on the negligence theory. In most Texas vehicle accidents, the injured party, known as the plaintiff, must prove the defendant’s negligence in order to seek compensation. Furthermore, the plaintiff must demonstrate that the defendant’s negligence was the actual and proximate cause of the accident as well as the plaintiff’s injuries. Contact one of our Dallas car accident attorneys to assist you with this process. Call the Law Office of Doug Goyen at (972) 599 4100 to help with your personal injury case or claim.
Liability Concerns in Texas Automobile Accidents
Who was to blame? In personal injury cases, the legal term for this question is liability. You must first establish that the other person was liable and “at fault.” Your personal injury lawyer will assist you in this by demonstrating how the other party was negligent. In the law, negligence is divided into four parts: 1) duty – there is a duty; 2) breach – there was a breach of that existing duty; 3) causation – that the breach caused damages; and 4) damages – what were the harms and losses caused by the breach.
Every case is unique. The same actions that are considered negligent in one situation may not be considered negligent in another. Insurance companies are notorious for using excuses like “act of God,” “phantom driver,” “unavoidable accident,” “contributory negligence,” and others to avoid paying a claim that most people would think should be a no-brainer that the insurance company should cover.
Acts of God are typically weather-related – in other words, God caused the accident, not their driver, who was driving too fast for the wet roads – it was God’s fault for making the road wet (I don’t endorse this argument, just letting you know it’s a common defense theme of insurance companies – I believe that if you go out on the road in ice, you should drive slow enough that you don’t slide – an accident). Our lawyers work as a North Texas attorney, Wichita Falls injury attorney, Plano accident lawyer, and Dallas injury attorney and are familiar with weather pattern defenses. If you drive in certain weather conditions, you are aware that you must exercise greater caution – if you do not, and you cause a personal injury, you and your insurance company are liable).
Phantom drivers are those who allegedly swerved into, bumped into, or cut into the lane of the at-fault driver, causing him to make the sudden lane change, rear-end you, or do whatever he did. They are referred to as “phantom drivers” because no one else saw them and they did not stop. So there is no evidence other than the defendant driver “claiming” that this “phantom driver” caused the entire incident, not him.
Accidents that were unavoidable are those in which the defendant driver claims that he did everything that anyone else in his situation would have done. The accident was simply…unavoidable. The roads were extremely slick. The curve in the road obstructed his vision. The glare from the water blinded him (also see act of God), the traffic stopped so abruptly that no one could have stopped in time – it was simply unavoidable…
Contributory negligence occurs when the defendant claims that you contributed to your own injury in some way. You could have slammed on the brakes to avoid him as he sped through the red light. You should have seen him approaching from behind and moved out of the way so he didn’t rear end you. You should have seen him turn left in front of you without warning and slowed your vehicle enough to avoid the collision. To avoid a collision with him, you could have swerved into the oncoming lane of traffic. All of these are instances where the defendant driver’s insurance company attempts to argue that you somehow contributed to your own injury.
Every situation is distinct. Personal injury attorneys can assist you in navigating the insurance company’s defenses. Personal injury cases are rarely as simple as they appear. You will require the services of an attorney who is familiar with the North Texas court systems and settlement values. If you require the services of an automobile accident attorney, please contact us immediately for a free consultation. (972) 599 4100 is our phone number.
Related Causes of Accidents Pages:
- Aggressive Driving Speeding and Tailgating
- Debris Causing Accidents
- Driving while Fatigued
- Failing to Yield the Right of Way
- Hit and Run Accidents
- Multiple Car Accidents
- Negligent Entrustment and Accidents
- Reckless Drivers and Road Rage
- Texting and Driving
Other Useful Auto Accident Pages: