The Evidence You’ll Need in a Texas Car Accident Injury Claim

The following article will cover:

• The essential evidence needed for a successful outcome of your car accident injury claim.
• Whether or not you can file a personal injury lawsuit if you share partial fault in the car accident.
• The limitations on compensation in Texas personal injury cases.

What Evidence Is Crucial to Gather for a Car Accident Personal Injury Case with Severe Injuries?

The key evidence needed in a car accident injury case includes photographs of the accident scene, police reports, and data obtained from the involved vehicles.

You may not know this, but vehicles manufactured after 2014 are required to have a data collection device that records vital information about the car’s speed, braking, direction, steering, and change in velocity (also known as Delta V). This data can be crucial for establishing the specifics of the accident.

As such, it’s important that you do not allow your damaged vehicle to be disposed of or resold by your insurance company before your attorney and their experts have examined it. The wreckage can provide significant insights about the accident, the application of brakes, and the impact on the occupants.

Obtaining a detailed police report is also important. Once law enforcement arrives on the scene, an officer should interview both drivers to decide who’s at fault and generate a comprehensive report, which can be a valuable asset for your attorney. If the other party is at fault, an attending officer can also issue a citation for a traffic violation, reinforcing your case. In cases of severe injuries, ask the dispatcher to send a state trooper as they receive special training in accident analysis and investigation and will typically create thorough reports.

Finally, remember that detailed photographs showing the extent of damage to the car can help illustrate the impact experienced by the victims. If you can, you should take pictures of the site, all vehicles and their relative positions. There can never be too many photos of the accident scene and vehicles. While medical evidence is essential and usually collected by your attorney after the accident, it’s crucial not to overlook securing the wreckage and capturing photographs of the accident scene and damage to the vehicles.

In short, anything you can do to preserve the physical evidence from the accident scene can significantly aid your case.

Can I Still File a Personal Injury Lawsuit if I Was Partially at Fault for the Car Accident That Caused My Injuries?

Texas operates under a modified comparative negligence system. This means you can still file a personal injury lawsuit even if you were partially at fault as long as your portion of fault is less than 51%. Because of this, it’s crucial that you never admit fault to anyone at the scene of the accident. Provide law enforcement with an honest account of the facts, but let them make the legal determinations.

In the event you were partially at fault for the accident, it’s vital to hire an attorney to assess your case. If your liability is assessed at 20%, for example, you can still pursue a claim – but you’ll only be able to collect 80% of the damages, reflecting the percentage of fault assigned to the other party. However, if your liability exceeds 50%, your case can be dismissed. As such, it’s crucial to have a proficient attorney who can navigate the comparative negligence considerations in your case and protect your right to recovery.

Are There Any Limitations on the Amount of Compensation I Can Receive from My Personal Injury Case?

Texas law does impose certain limitations on some personal injury cases. Most caps apply to punitive damages and the intangible aspects of the case, like mental anguish, when your case is against a governmental entity, for example, if you were struck by a police car. However, there are usually no caps on hard damages, such as lost earnings, lost wages, and medical expenses.

In any case, it’s crucial to consult with an attorney as these laws can change. The Texas legislature, often leaning toward the defense (insurance companies), has enacted numerous laws, which could affect your compensation. Only an experienced lawyer can provide accurate advice on how these laws may apply to your case.

For more information on the Evidence You Need in a Texas Car Accident Injury Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (432) 653-1899 today.