Driving through Amarillo can be a scenic experience—the grasslands and plains of the Texas Panhandle offer great views for your long or short drives. However, your experience might not always be enjoyable when other drivers aren’t as vigilant and careful as you might be behind the wheel. When other drivers are negligent and cause a collision with you, then you shouldn’t be the one to shoulder the financial burden.
Our Amarillo, TX car accident lawyers are here to help you through a legal claim so that you can recover the damages you’re owed after a collision with another vehicle. The costs that you’ve incurred from your injuries, property damage, and missed work aren’t your responsibility when you didn’t cause the wreck. At Buckingham Barrera Vega Law Firm, we’re prepared to stand up for you so that you can get justice.
Texas Negligence Laws
The main aspect that your car accident lawyer will take into account for your injuries and getting you the compensation that you deserve is proving that the other party was negligent. Ideally, the other party was fully responsible for the crash because of their mistake, and you were not at fault because you were following all the rules of the road and paying attention. However, it’s possible that you share that fault.
Within negligence, there are four elements that your attorney will need to prove in order to determine exactly who was responsible for the collision. They’ll look at the evidence that shows the cause of the crash, records of your injuries, and any other documentation of your damages to prove these elements of negligence to build your car accident claim:
- There was a duty of care owed by the other party.
- A negligent action breached that duty of care.
- The breach of care resulted in your being injured by the other party.
- Your injuries caused you to suffer from damages.
Once your lawyer is able to prove all of these elements, you won’t have to worry about your claim. With the proof of negligence on your side, you can be more confident that you’ll get a favorable outcome and receive the compensation you deserve. Since your attorney proved the other party was negligent, this means that you will be able to financially recover all your damages, depending on your level of fault in the accident as well.
Don’t worry, you can still recover compensation even if you were partially at fault for what happened because Texas follows a comparative fault rule called proportionate responsibility. Under this rule, what you can financially recover depends on how much of the responsibility you share.
If you are determined to be more than 51 percent at fault for what happened, then you won’t be able to recover compensation. If you were 50 percent at fault or lower, then you will be able to still collect the damages that you deserve, however they will be reduced by the percentage you were deemed to contribute to the fault.
All of this can seem complicated, which is why you could use the help of our Amarillo, TX car accident attorney. We’ll be able to investigate the situation and determine who was responsible for the collision.
Causes of Auto Wrecks in Amarillo
When determining who was responsible for the wreck that caused your injuries, the cause of the collision is pertinent information. This will be determined from the police report, witness statements, and your own recounting of the events of that day. When you give your statement, it’s important that you don’t automatically blame anyone, even if you’re convinced the other driver was the one at fault.
It’s possible that the driver could have been the one responsible, but if they weren’t, and it was actually a part manufacturer who was negligent, then your statement won’t be reliable. Your lawyer will benefit the most from facts, not your opinion of what happened, which is why you’ll want to stick to the facts as much as possible in your statement with the police and with your lawyer.
Here are some of the different causes of car crashes in Amarillo, TX:
- Distracted Driving. Drivers need to fully pay attention to the road and what they’re doing when they’re behind the wheel because cars can be dangerous machinery when used carelessly. Taking their eyes off the road for even a second can lead to a mistake that causes a collision with objects and other drivers.
- Driving Under the Influence. Driving under the influence of drugs and alcohol is illegal, but unfortunately, drivers still choose to get behind the wheel when they’re inebriated. This can slow their reaction time as well as dull decision making and motor skills. Accidents with drunk drivers can be deadly for everyone involved.
- Speeding. Many people drive over the speed limit to get where they need to go more quickly, but this can be dangerous. Speeding reduces the amount of time that drivers have to react to other cars, and it makes the impact more deadly when an accident occurs because of the high speeds.
- Defective Part. Sometimes a driver isn’t at fault, and a defective part it was causes a wreck. This could happen when brakes fail, or a tire blows, and the driver didn’t expect the part to malfunction.
- Poorly Maintained Roads. Other parties could be at fault if the roads aren’t properly maintained. Private and government entities are responsible for keeping their roads safe. If they don’t, and those roads cause accidents, they would be liable.
- Bad Weather. Sometimes mother nature is at fault for your accident, and that could be amplified by another driver not taking weather into account when they drive, but if they’re being careful, then the accident could have been solely caused by bad weather.
Your Amarillo, TX car accident lawyer from our firm will help you determine exactly who caused your collision. You can trust us to fully investigate what happened and consider all possibilities when fighting to get you justice.
Buckingham Barrera Vega Law Firm Can Handle Your Case
You don’t have to go through your car accident claim on your own. At Buckingham Barrera Vega Law Firm, we understand how difficult and confusing this time can be for you. That’s why our Amarillo, TX car accident attorney is prepared to take over the legal side of things for you so that you can focus on your recovery. Reach out to our office today so that we can schedule a free consultation.