Automobile accidents cause more severe injuries than any other type of accident in the state. Despite that, obtaining financial compensation for the effects of a vehicle crash can be exceptionally complex and frustrating, whether you want to do so through insurance negotiations, civil litigation, or a combination of both.
Fortunately, assistance from a seasoned personal injury attorney could get you the best possible case result. If you are dealing with physical, financial, and personal losses because another driver was careless, contacting a Montgomery County car accident lawyer to discuss your legal options should be your top priority.
Insurance companies and state courts generally deciding who is negligent and, therefore, financially liable for a wreck’s negative effects makes car accident litigation challenging. On paper, negligence seems straightforward: every person who drives on public roads in Texas assumes a duty to act lawfully and responsibly at all times. A court will consider anyone who violates this obligation in such a way that directly causes a crash at fault for any ensuing injuries.
In practice, proving someone was negligent in the first place could be deceptively complicated. If there is no police report mentioning a specific citation given to a driver involved in a crash or no video evidence from surveillance or dashboard, it is up to an injured person to determine how someone else was irresponsible. An individual must demonstrate a driver’s negligence through evidence like crash scene photos, witness testimony, and input from accident reconstruction experts.
After that, an injured person needs to show that a wreck would not have occurred if not for the specific negligent act of the defendant. An individual must show that all their losses stemmed directly and primarily from a collision rather than from any other source. This process can be difficult to get through efficiently without a skilled car crash attorney in Montgomery County.
Various state laws could affect an individual’s reimbursement after a crash. Texas Civil Practice & Remedies Code §33.001 prohibits any person found to hold the majority of total fault for their wreck from getting any civil compensation for their injuries. Furthermore, TX Civ. Prac. & Rem. Code §33.012 allows courts to proportionately reduce total available reimbursement for any plaintiff assigned a share of responsibility equal to or less than 50 percent.
TX Civ. Prac. & Rem. Code §16.003 sets a two-year filing period from when a collision happened for any civil litigation to begin. Failing to file before this deadline will almost always leave an injured person with no legal recourse for any of their crash-related losses, no matter how strong their case otherwise is. A lawyer in Montgomery County could help a person file an auto crash claim within this timeframe.
Recovering fair compensation after a car wreck is possible, and civil litigation is worth the time and effort necessary to achieve a favorable outcome for you. However, proceeding with a claim without representation from a practiced legal professional will often have unsatisfactory results.
Hiring a Montgomery County car accident lawyer could go a long way toward protecting your long-term interests after a severe crash. Call today to learn more about your legal options.