Other Motor Vehicle Accidents
Motor vehicle accidents can result in serious injuries or even death. If you are hurt or a loved one is killed because another driver was careless, you should consult an experienced attorney without delay. Evidence that is important to your case, such as skid marks or witnesses' recollection of events, may fade or disappear as time passes after an accident. At Feizy Law Office, our injury lawyers have assisted many Dallas residents in pursuing compensation for harm arising out of a motor vehicle collision.Holding a Negligent Texas Driver Liable for Damages
If you are hurt in a motor vehicle accident, you have two years from the date of your harm to bring a lawsuit against any responsible parties. Most accidents are caused by negligence, rather than intentional misconduct. Negligence is established by proving four elements by a preponderance of the evidence: duty, a breach of duty, causation, and damages. The preponderance of the evidence standard requires the accident victim to show that these elements more likely than not exist.
In general, anyone who gets behind the wheel in Texas is held accountable for meeting the standard of reasonable care. This requires every driver to refrain from engaging in needlessly dangerous conduct that poses foreseeable risks of harm to others. Unfortunately, people routinely fail to meet this standard. Breaches of the duty of reasonable care can occur when a driver fails to yield at an intersection, runs a red light, or gets behind the wheel while intoxicated. Once the elements of duty and breach are shown, the task for a victim seeking compensation lies in drawing a direct causal link from the defendant’s careless conduct to the accident. Actual costs and losses also must be identified. These can include both objective and subjective damages, ranging from medical expenses and lost income to pain and suffering.
Texas follows the rule of modified comparative negligence. Under this rule, an injured person who is partially to blame for causing an accident will have his or her damages reduced by the extent to which he or she is at fault. If the jury determines that a victim is more than 50 percent at fault, that person will be barred from recovering any compensation.
For example, a person might be speeding down the road on a motorcycle, and a distracted truck driver with broken taillights might fail to see the motorcyclist when changing lanes. If the rider is hurt, he or she might bring a claim against the trucker. In that case, the defendant may argue that the motorcyclist was partially at fault. The jury might find that the damages were $500,000. Even if it finds that the victim was 25 percent responsible, he or she could recover up to $375,000 from the defendant.Consult an Arlington Lawyer for Your Motor Vehicle Accident Claim
The injuries that result from a motor vehicle collision can be serious, including broken bones, disfigurement, paralysis, or traumatic brain injuries. In addition to the pain and suffering you experience in connection with your harm, you may also feel anxiety about your ability to pay medical bills or take care of household chores. If you are hurt or a loved one is killed in a car accident or another motor vehicle collision in the Arlington area, call the attorneys at Feizy Law Office at (214) 651-8686 or contact us through our online form. We have asserted the rights of individuals in cities throughout the Dallas region, including in Fort Worth, Plano, Garland, and Irving.