Auto accidents tend to share similarities in what caused them, the behavior of the party at fault, and the difficulties that come with filing an injury claim. However, one common trend seen in most accidents is that someone’s negligence played a significant role in an accident. If you have been injured in an auto accident and wish to be compensated for damages sustained as a result of another person’s actions, reach out to a knowledgeable car accident attorney today. A Sugar land lawyer could inform you of the common facts about auto wrecks during a free initial consultation. Call now to get started.
Factors That May Impact Liability
One of the main factors that impacts liability is whether the at-fault driver was on their cell phone. If the defendant was found to be texting while driving at the time of the accident, the plaintiff’s chances of winning their case increased. To prove someone was on their phone, it is recommended that the plaintiff try to obtain the cell phone records of the at-fault driver. Although obtaining this information can be difficult, a car accident lawyer in Sugar Land could leverage their experience with these types of cases to get plaintiffs the necessary evidence for proving their case.
What Are Some Common Mistakes Made in an Auto Injury Claim?
When someone is in an accident with an insured driver, it is their insurance company’s responsibility to help them. Unfortunately, some people forget to do this due to the stress experienced in the moments following an accident.
If they are the driver that was hit, it is the insurance company’s responsibility to compensate anyone who was hit. Always remember to get the actual insurance documentation. A person should not take the other driver’s word if they are not at-fault for the accident. They need to insist the other party provides their insurance information.
Another thing that some people forget to do after an accident is to take photographs of the scene. It is important that the photographs are taken as soon as possible after a car accident, especially if it is severe enough to cause damages because pictures show the position of the vehicles and what it looked like at the scene.
Using a Phone as a GPS Device
If someone is using the map for directions on their phone placed in the middle console, they would not necessarily be found liable for using their phone because that is not the standard of what the jury looks for. However, when a person’s phone record is presented to the court, it could show that the person was using voice or the cellular service to make calls that appear one way on cell records. If they sent a text message, that may conflict with GPS usage.
Unique Ways a Case Could Be Handled
Many people who have never been in a major accident, or any accident, may not understand the channels for filing a car accident claim. One of the first things victims should do is request an accident report if the responding officer generated one. This is an area where an attorney may be able to help since plaintiffs planning to request an accident report would have to go through a Freedom of Information Act request or ask the government entity itself. This could be very time consuming, potentially delaying an injury claim.
How Does Comparative Negligence Impact a Case?
Comparative negligence occurs when a plaintiff is found partially at fault for their accident. Depending on the percentage for which they are at fault, their compensation award would be decreased. If the jury decides that the plaintiff is more than 51% at fault, they would lose out on obtaining compensation. However, if the plaintiff is found 30% at fault, the total amount of compensation they could win is 70% of their total compensation award.
Retain Legal Assistance Today
Auto claims are amongst one of the more stressful injury claims victims could undertake due to pressure put on by insurance companies and the legal knowledge necessary for putting together a convincing argument for the compensation of damages.
If you wish to file a claim in an efficient manner, reach out to a Sugar Land attorney today. An auto wreck lawyer could keep you up to date on the facts of your case, negotiate with other parties on your behalf, and provide you with professional representation in a court of law. To get started on a case, call now.