If you’ve been in a car accident, then you might be wondering: “What next?” How will you pay for the damages to your vehicle and what happens if you’re injured and unable to work? Who’s the responsible party?
At this point, you may even be asking yourself, “Can I sue for negligence in a car accident?” This would certainly help pay for damages and, of course, medical bills — but are you actually able to sue for negligence in a car accident?
Yes, you can sue for negligence in a car accident.
As much as we would like a three-day weekend, we aren’t about to sacrifice our car to get that extra day off. In other words, car accidents often result in unintentional consequences — they are accidents. And in other other words, car accidents are usually caused by some form of negligence.
But what exactly is negligence, and does negligence insinuate compensation?
What is negligence in a car accident?
Negligence occurs when a person is careless and does not exercise reasonable or ordinary care. A person can be negligent by doing something or by not doing something (for example, by not stopping at a stop sign). The shared responsibility towards our fellow citizens is called “duty of care,” and a breach of duty of care can land you in some serious trouble.
Here are a few common examples of negligence in a car accident:
- Texting and driving
- Driving while drunk or drowsy
- Running a red light
- Failure to use proper signals
Keep in mind, however, a person may also be considered negligent for other, less noticeable factors that prosecutors might single out in a police report. For example, you could be sued for negligence if you’re driving around in a car that clearly shouldn’t be driven in. You can also be sued for gross negligence, which occurs when a driver go beyond carelessness into a state of recklessness, causing further damage and harm as a result.
Pro Tip: Check out why truck accidents in Texas are a whole different beast than the average car crash.
How do you prove negligence in a car accident?
Unfortunately, car accidents involve a lot of “he said, she said.” But if, despite that, you are able to prove that the accident was the other driver’s fault, then you’ll need to keep in mind that this proof needs to cover some ground.
To sue for negligence, here’s what you’ll need to prove:
- Might be a no-brainer, but you must prove that the driver was, indeed, negligent. It’s not enough to just establish that the accident wasn’t your fault, negligence still needs to be established.
- You must have a detailed and accurate account of how much the accident has cost in damages.
- You must have a detailed and accurate account of injuries suffered as a result of the car accident. These injuries shouldn’t come from that game of golf you played the other day, and they should be validated by a medical professional.
- While you’re at, you’ll need to maintain medical records — this includes expenses.
Psst … Want to see what victory looks like? Check out this personal injury success story with a $100k auto accident payout.
Receive the help of a professional
Now that we’ve answered the question, “Can I sue for negligence in a car accident?” it’s time for you to act. If you’ve been involved and/or hurt in a car accident and you think negligence was part of the equation, you need a Houston personal injury lawyer.
Not only can the experts at Thiessen Law Firm help you prove negligence in a car accident, but we can also help you navigate the murky waters of insurance providers. We’ve won cases for clients in some tough positions, such as being charged for DWI with a child in the car and for intoxication manslaughter in Texas.
Let us help you prove negligence in the court of law and receive the compensation you deserve in the process. Call us today at 713-864-9000 or request a free consultation online.
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