Every car accident involves an at-fault liable party. Determining who is at fault in a car accident in Houston, TX, involves identifying the driver responsible for the crash. Sometimes, finding out the at-fault driver is easy. However, it can be difficult to find out who is at fault in many cases – sometimes because both drivers could be liable for the accident.
What further complicates matters is that various parties will be determining the fault of the car accident in their way, including law enforcement agencies, insurance companies, car accident lawyers, and the courts.
How a Car Accident Lawyer in Houston, TX, Determines Fault
A car accident lawyer in Houston can bring you justice by offering their specialized knowledge and expertise. They will collect the relevant evidence, document and analyze the scene, and interview witnesses to find out who is at fault. This can involve identifying reckless driving behavior, negligence, and traffic laws in the city or state. In addition, a car accident lawyer will help you negotiate a settlement or represent you in the trial. They will also talk and negotiate with your insurance company to help you get your rightful claim.
Let us look at the steps in investigating a car accident in Houston.
Initial Consultation
The first step is the initial consultation between the car accident lawyer and the client. During this meeting, the lawyer will gather essential information about the accident, injuries sustained, and any available evidence. They will also explain the legal process and the client’s rights.
Scene Investigation
The car accident lawyer may visit the accident scene themselves or hire accident reconstruction experts to conduct a detailed investigation. They will examine the physical layout, road conditions, skid marks, debris, and other evidence that can help recreate the sequence of events leading to the collision.
Obtaining Police Reports
The lawyer will also obtain the official police report filed at the accident scene. This report contains valuable information such as the police officer’s observations, damage to the car, property, and occupants, statements from involved parties and witnesses, and any citations issued.
Interviewing Witnesses
The car accident lawyer will track down and interview witnesses at the scene. Witness statements can be critical in finding the cause of the accident and who may be at fault.
Collecting Visual Evidence & Cell Phone Records
Auto accident lawyers will review photographs and video footage of the accident scene from nearby surveillance cameras or dashcams. In addition, they may request cell phone records to determine whether the driver was using their cell phone during the crash.
This type of evidence can be particularly powerful in establishing liability.
Reviewing Medical Records
Car accident attorneys will collect medical records and related bills if injuries occur due to the accident. They may work with medical experts to understand the extent of the injuries, the necessary medical treatments, and the long-term impact on the client’s life.
Communicating with Experts
Car accident lawyers often collaborate with accident reconstruction specialists, engineers, or medical professionals to gain expert opinions on the cause of the accident and the extent of the injuries. This strengthens their case and supports their findings during settlement negotiations or court trials.
Investigating Driver History
Lawyers may look into the driving history of all parties involved in the accident. This includes checking for prior traffic violations, previous accidents, or any history of negligent driving.
Reviewing Traffic Laws and Regulations
Lawyers will assess the applicable traffic laws and regulations relevant to the accident to determine if any party involved violated traffic rules, such as speeding, reckless driving, or drunk driving.
Determining Comparative Negligence
The state of Texas follows a modified comparative negligence rule, where the compensation amount the injured person receives is decreased by how much they contributed to the fault. Lawyers will evaluate the percentage of fault for each party involved to negotiate fair settlements.
Communicating with Insurance Companies
Car accident lawyers will communicate with your insurance company on your behalf. They understand the nitty-gritty of auto insurance claims and know all the tricks insurance companies use to avoid paying the claimed amount. As such, they negotiate effectively with insurance adjusters to ensure fair compensation is offered.
Settlement Negotiation
Car accident lawyers will negotiate a fair settlement with the at-fault party’s insurance company or their legal representation. They will fight to give you fair compensation to cover miscellaneous expenses related to the accident, including medical bills, lost current and future income, damage to property, pain and emotional distress, and other damages.
Filing Lawsuits and Trial Preparation
If the at-fault party is unwilling to come to a fair deal, our lawyer will file a lawsuit on behalf of the client. They will prepare for trial by organizing evidence, identifying key witnesses, and formulating legal arguments.
Representation in Court
The lawyers represent their clients in court if a settlement cannot be reached. They will present the gathered evidence, witness testimonies, and expert opinions to prove the other party’s liability before a judge and jury.
Book an Initial Consultation with a Car Accident Lawyer in Houston, TX
Investigating an auto accident involves critical steps to create a solid legal basis for a case. Our car accident lawyer in Houston, TX, can guide you every step of the way and help you get the justice you are due.
At the law office of McDonald Worley, we are well-versed in the complexities of personal injury law and leverage our experience to build strong cases that protect our client’s rights and maximize compensation for their injuries and losses. Schedule an initial consultation with us today.