Car accidents are one of the most common ways that people sustain personal injuries. Even a seemingly minor tap on a bumper can transfer thousands of pounds of force onto an individual’s body. The resulting injuries may require extensive medical attention and can greatly affect a person’s ability to earn a living and overall quality of life. Individuals who suffer these losses may be eligible to demand compensation. However, a successful claim for damages requires detailed knowledge of the law as well as the ability to handle insurance companies properly. Legal action may seem overwhelming to pursue alone, but a seasoned personal injury attorney could help.
A Schertz car accident lawyer could help an injured party prove that a negligent driver was responsible for their collision. Additionally, a skilled attorney could help them create a comprehensive claim for damages that covers all related losses. Contact Ryan Orsatti Law today to get started.
Common Causes of Car Accidents and Assigning Fault
In every car collision, there is a liable party. This means that insurance companies and the courts have the primary goal of assigning blame for these collisions. One way to accomplish this is to determine if one driver was violating a traffic law at the time of the collisions. Examples of this include speeding, failing to yield, or not stopping at a red light. If a traffic court issues a conviction for a moving violation, a civil court may assume that driver to be at fault for a collision.
Another common cause of car collisions is distracted driving. A person who looks at their cell phone, eats, or applies makeup while behind the wheel is just as liable for a crash as one who is speeding. A Schertz car accident attorney could help to investigate the cause of a crash to determine the responsible party.
In certain cases, an attorney could also help justify an injured plaintiff’s actions. Courts in Schertz will use the concept of modified comparative negligence to evaluate the actions of all parties involved in an accident. According to Texas Civil Practice & Remedy Code §33.003, a court must reduce a plaintiff’s award after the trial if the court believes a plaintiff shares blame for a collision. Additionally, the court must completely dismiss the case if that blame rises to 50 percent or more. A Schertz car collision attorney could help an injured party demonstrate that the defendant was responsible for a crash.
What is the Value of a Car Crash Claim?
Following a car accident, the purpose of a claim is to recover damages that help restore a plaintiff to their pre-accident state. This requires a plaintiff to evaluate how the incident has affected each aspect of their life. Common examples of this may include:
- Pain and suffering
- Lost enjoyment of life
- An inability to continue schooling
- Outstanding costs to repair a vehicle
- Payments to make up for lost wages or earnings
A car accident attorney serving Schertz could help to measure a person’s losses and to file demands for the true value of cases. They could also help to meet the time limits present in the State’s statute of limitations. According to TX Civ. Prac. & Rem. Code § 16.003 states that individuals have two years from the crash date to demand payment. Missing this deadline could leave a person without a means to collect compensation.
Let a Schertz Car Accident Attorney Represent Your Interests
Following a car accident, it is vital to pursue legal action as soon as possible. While it is true that a defendant found to have caused an accident may be held liable for compensation, it falls to you to demonstrate their fault. At the same time, the defendant and their insurance company might be working to deny liability or even to shift blame onto you. This could result in a reduced or even negated demand package.
A Schertz car accident lawyer could handle every step in your case, from explaining your rights under the law and gathering evidence of defendant fault, to measuring your losses and making fair demands from negligent defendants. Contact Ryan Orsatti Law to discover your legal options.
Ryan Orsatti Law