When a victim is injured in an accident caused by another party’s negligence, Texas law allows that victim to pursue damages against that negligence party. According to the law, negligence is defined as “the failure to behave with the level of care someone of ordinary prudence would have exercised under the same circumstances” In order to be successful in their lawsuit, the victim needs to prove that there was indeed negligence and that negligence resulted in the accident that caused their injuries. A car accident lawyer in Houston, TX can help you prove that negligence and get you the financial compensation you deserve.
What are the elements of proof my attorney must show?
In order to prove your case, there are certain elements that must exist that prove the other party’s negligence. These elements are:
- The other party owed you a duty of care
- The other party breached that duty of care
- You sustained an injury as a result of that breach
- That breach was the proximate cause (main cause) of your injury
- Your injury has resulted in economic and non-economic losses for you
Keep in mind that even if the other driver was negligent and caused the crash, if you have not sustained any losses as a result, you have no damages and so there is no legal reason to pursue a car accident claim or lawsuit.
What is duty of care?
The precise duty of care the other party owed you will depend on the type of injury you sustained and the person or entity who owed it to you. A Houston, TX car accident lawyer knows that every driver has a duty of care when they get behind the wheel of their vehicle to every other driver, pedestrian, and any other type of commuter with who they will be sharing the road.
This means that drivers should be committed to obey all traffic laws, not engage in distracted driving behaviors, make sure their vehicle is properly maintained, and not drive if they are under the influence of alcohol or drugs.
How can expert witnesses help?
One of the main reasons why you need an experienced car accident lawyer to represent you is that they will know how and when to obtain the services of expert witnesses to testify on your behalf. An expert witness is someone recognized as an authority in his or her field. For example, if the other driver’s insurance company is trying to blame the car accident on you, your lawyer can hire an accident reconstruction expert to do just that – reconstruct the accident to show just which driver was the one who was negligent.
Contact Our Personal Injury Law Firm
If you have been in a car accident caused by a negligent driver, call John K. Zaid & Associates to schedule a free consultation with a seasoned Houston, TX car accident lawyer and find out how we can help.