In Texas, "motor vehicle" accidents may involve anything from personal watercraft to motorcycles and buses. Legal claims arising from motor vehicle accidents are typically governed by the law of negligence. A person who negligently operates a vehicle may be required to pay for any damages, either to a person or property, caused by his or her negligence.
Figuring out who is at fault in a vehicle accident is a matter of deciding who was negligent. In many cases, your instincts will tell you that a driver, cyclist or pedestrian acted carelessly, but not what rule or rules that person violated. An attorney will look to a number of sources to help you determine who was at fault for your accident, such as police reports, state traffic laws, and witnesses.
Courts look to a number of factors in determining whether a driver was negligent. Some of these factors include, but are not limited to, the following:
- Disobeying traffic signs or signals
- Failing to signal while turning
- Driving above or below the posted speed limit
- Disregarding weather or traffic conditions
- Driving under the influence of drugs or alcohol
Getting Legal Help for a Motor Vehicle Accident InjuryAnyone who has been through a motor vehicle accident knows that it can be a traumatic experience. Whether the accident involved an car, motorcycle or commercial vehicle, you have the right to take legal action against any person, company, or entity that is responsible -- including private citizens, stores, manufacturers, insurance companies, large corporations, and government agencies. If you have suffered an injury because of someone else's carelessness, you should speak with an experienced personal injury attorney who will evaluate your case with you, to ensure that your legal rights are fully assessed and protected. An attorney can explain what you can expect at every step of your personal injury case, and will take action on your behalf -- researching the law, interviewing witnesses, collecting records, conferring with expert consultants, planning legal strategy, and negotiating with insurers and opposing counsel -- all with an eye toward strengthening your position and ensuring your fair recovery.
When deciding whether to retain an attorney, remember that insurance adjusters are highly trained and their job is to settle cases as soon as possible for the least amount of money possible. They handle hundreds of cases and, in a sense; they are professionals at what they do. Do not make the mistake of thinking you can outsmart them, trust them or confide in them. They work for a large corporation and their interest and yours are completely opposite. They come across as very friendly until they have obtained all of the information they want. They almost always want to immediately take your statement before you hire an attorney and some use delay tactics in admitting liability in order to delay timely medical treatment.
Hiring an attorney who practices personal injury law on a regular basis can ensure that your rights are protected.
Brent Cordell practices exclusively in the area of personal injury law. His number one focus is helping people with severe injuries get the legal representation they desire. Throughout his career, Mr. Cordell has helped thousands of injured people get the just compensation they deserve.