From fender benders to catastrophic collisions, car crashes are a common cause of personal injuries in Lytle. Even in seemingly minor impacts, people can still sustain severe harm. The amount of force at play in vehicle collisions is immense, and can have harsh implications on the human body. Damages caused by such a crash can affect one’s physical health, emotional well-being, and finances.
A Lytle car accident lawyer understands the consequences that a vehicle crash can have on someone’s life. If you or a loved one sustained severe harm because of another driver’s negligence, a personal injury attorney could help you pursue legal action. Seasoned legal counsel at Ryan Orsatti Law could protect you against aggressive insurance companies and help you seek fair compensation for your injuries.
How Does a Plaintiff Win a Car Accident Case?
For a car accident case to be successful, the plaintiff must prove that the defendant’s actions directly caused their injuries. Car accident cases commonly use the legal theory of negligence to demonstrate this concept. Negligence cases allow plaintiffs to hold those liable for the crash legally responsible for damages.
More specifically, a plaintiff needs to prove that the other driver owed them a duty of care, that the other driver breached this duty, and that this breach directly caused the plaintiff’s injuries. It is always assumed that there is a duty of care present in car accident cases, as we must protect other drivers whenever we get behind the wheel.
The most complex part of the case is determining fault, or if there was, in fact, a breach of this duty of care. Some cases may be aided by a police report that directly assigns blame for the accident. Others must rely upon further investigations of the incident to determine fault. A Lytle car crash attorney could help an injured party help the evidence needed to build a powerful case against the negligent driver. They could then use this information to support a claim for proper compensation that covers medical bills, lost wages, and emotional trauma related to the incident.
What if Fault for the Accident is Unclear?
In situations where it is not clear who is at fault for the accident, the case may require litigation in court. Here, the jury will utilize the concept of modified comparative fault found in Texas Civil Practice & Remedy Code §33.003. This means that a plaintiff cannot win their case unless the defendant is at least 51 percent at-fault for the accident. As a Lytle car collision attorney could further explain, a jury may reduce a plaintiff’s award by the percentage of blame they carry for the incident.
For example, in a car accident case where the plaintiff is seeking $10,000, a jury may find that they were 25 percent at fault in the incident. Here, the plaintiff will receive 75 percent of the judgment, which is $7,500. This doctrine is only used when a case goes to trial — most claims resolve with a fair settlement between the insurance company and the plaintiff.
Speak to a Lytle Car Accident Attorney Today
Getting into a car collision is an immensely stressful and frustrating event. Even if you were able to avoid life-threatening injuries, you might still require costly medical attention or time away from work to recover.
A Lytle car accident lawyer could help you pursue financial compensation from those responsible for your harm. While damages cannot make up for your avoidable accident, they could help you cover losses related to your injuries. Additionally, an attorney could help you fight against aggressive insurance company tactics to pursue a fair value for your case. Contact Ryan Orsatti Law today to get started.
Ryan Orsatti Law