Highway accidents can result in catastrophic injuries to drivers and passengers in cars. Negligence is a leading cause of collisions on the highway. In some cases, this is the negligence of the driver, but in other cases, the negligence lies with the government entity responsible for maintaining the road. If you are injured because of a careless driver or dangerous conditions on a Dallas highway, the experienced car accident attorneys at Feizy Law Office can help you pursue the compensation to which you may be entitled.Establishing Liability for a Texas Highway Accident
Plaintiffs trying to prove negligence after a highway accident generally must prove the defendant's duty of care, a breach of duty, actual and proximate causation, and quantifiable damages. All drivers on a highway, including truckers and motorcyclists, owe others a duty to use reasonable care behind the wheel. A failure to use reasonable care, such as texting while driving or greatly exceeding the speed limit, can result in a serious accident. Because of the speed at which cars and other vehicles move on the highway, devastating injuries are not uncommon consequences of these crashes.
In some cases, a government entity may cause an accident by negligently maintaining the highway. For example, a government entity may fail to fill a pothole, leave a grooved pavement, fail to post warning or construction signs, fail to fix poor drainage or erosion, or leave debris on the road. Any of these situations can contribute to a car accident. However, limited sovereign immunity often applies to a governmental entity. You would need to follow strict notice requirements and have strong evidence of negligence to recover damages from a governmental entity for a highway accident.
You usually have two years after a collision causing personal injuries to bring a lawsuit for damages. However, the amount of time you have to notify a governmental agency responsible for your accident is shorter. You should report any highway accident causing personal injuries to the police at the time it happens. Afterward, the police report, including the names of any witnesses whom the police interview, can prove to be helpful in establishing the liability either of other drivers or the governmental entity responsible for a dangerous condition on the road.
Sometimes it may prove complicated to recover compensation, even if you win a judgment. In Texas, each defendant that is 50% or less responsible for a plaintiff’s injury is only required to pay his or her share of the damages. However, any defendant that is more than 50% at fault can be held jointly and severally responsible for paying the full amount to the victim.Consult an Experienced Car Crash Attorney in Dallas
If you have been hurt in a highway accident, you may be concerned about how you will pay your medical bills and out-of-pocket expenses. Many people suffer catastrophic injuries and cannot go to work for a period of time, losing much-needed income. Accident victims in the Dallas area should consult an injury lawyer to help them pursue compensation for all of their losses arising out of a collision. Call Feizy Law Office at (214) 651-8686 or set up a free consultation via our online form. We also represent car accident victims in Garland, Irving, Plano, Fort Worth, and Arlington, among other Texas cities.