Victims of auto accidents in Texas will, like victims in other states, have to invoke the legal concept of negligence when building up a personal injury claim. This means determining who was acting in an unsafe or careless way behind the wheel and how that contributed to the crash. It is a process that can be difficult, especially in the case of multi-vehicle crashes.
For example, a series of rear-end collisions occurs. Driver A is hit by Driver B, who is hit, in turn, by Driver C. Though only Driver B’s car comes into contact with Driver A’s, Driver A could hold both Drivers B and C liable if the two were acting negligently, such as by speeding or tailgating. Of course, Driver A must also be cleared of any serious negligence.
If only Driver C was negligent, then Driver A can hold him or her responsible even though it was Driver B who technically hit Driver A. Driver B may hold Driver C responsible, too, even if partially responsible for Driver A’s damages.
There must be sufficient evidence, of course, to prove negligence. This can include the police report and any physical data at the crash site like skid marks and vehicle debris. Eyewitness testimony, including that of the vehicle passengers, may be beneficial as well.
Those who are injured at the hands of a negligent driver may be able to file a claim and be reimbursed for medical expenses, lost wages, pain and suffering and other applicable losses. They may want a lawyer to help them with the filing, the gathering of evidence and the negotiating of a settlement with the other side’s auto insurance company. If the insurance company’s own legal team refuses to settle, then victims may take their case to court.