Negligence in Car Accident Cases

Most injury cases, including car accident cases, are negligence-based. Legally, a person is negligent when they have a duty to do something and don’t. Drivers on Texas roads have a duty to drive safely and obey traffic laws. If they don’t do that and they hurt someone, they can be held responsible. 

There are many ways a driver can be negligent. Some common examples are: 

• Driving under the influence of alcohol or drugs
• Driving while too tired to operate the vehicle safely
• Speeding
• Driving too fast for conditions
• Texting while driving, or any kind of distracted driving
• Driving with faulty brakes, bad tires, or other dangerous equipment
• Running a red light or stop sign

All of these types of negligence are against the law. They’re also far too common. For example: 

• According to the National Highway Traffic Safety Administration (NHTSA), thousands of people die in distracted driving accidents every year. 
• The National Safety Council (NSC) says speeding plays a role in nearly 30% of traffic deaths.
• According to the NSC, driving while fatigued causes about 100,000 crashes each year.
• The NHTSA says someone in the U.S. dies in a drunk driving crash about every 39 minutes.

Starting a Claim after a Car Wreck

If the driver who hit you had auto insurance, the claim is filed with the insurance company. The insurance company or their lawyer negotiates settlements. If a car accident case goes to court, the insurance company pays the lawyers. And, if you win a verdict against the negligent driver, the insurance company pays you.

It’s probably no surprise that insurance companies don’t like to pay. As soon as they find out about your car accident, they go to work trying to avoid paying you. So, it’s best not to talk to them. The best way to protect your claim is to talk to an experienced Texas car crash lawyer right after your accident. When you hire an attorney on the I Just Got Hit (Godsey Law Firm, P.C.) team, we’ll manage every aspect of your claim. The insurance company will have to talk to a seasoned professional who knows all their tricks.

What to Expect in a Car Accident Case

Every car accident case is different. For example, some cases settle and others go to court. Some law firms like to settle every case. Our team is committed to doing what’s best for you. We have the resources and experience to take your injury case to trial, and we won’t hesitate if that’s right for your case. 

Here’s what you can expect from our car accident attorneys: 

The first thing we’ll do is listen. We know the law, but only you know what happened to you. Then, we’ll assess your case, explain your options, and offer advice.

If you didn’t open a claim with the at-fault driver’s insurance company before hiring us, we’ll do that for you. We’ll handle all communications so they never get the chance to trick you into saying something that might hurt your case.

Next, we’ll investigate and start gathering evidence. That’s an involved process that includes:

• Requesting and reviewing your medical records
• Collecting video footage and other evidence from the scene
• Locating and talking to witnesses
• Working with experts such as medical professionals, accident reconstructionists, and economic experts
• Using the discovery process to get information from the other driver 
• Getting witnesses on the record with depositions

Of course, this is only a high-level list. The type of investigation required and the evidence gathered depends on the case. 

All of this information-gathering builds your case. We’ll use what we learn in negotiations with the insurance company. If they make a good offer and you agree, we’ll settle your case. If we think you deserve more and you agree, we’ll ask for a trial date. The information we collected will become evidence for the jury.

Damages in a Texas Car Accident Case

People who have been injured in car crashes often ask how much their claim is worth. The answer is different for everyone. Some of the factors that determine the value of a car accident claim include: 

• How seriously you were injured
• Whether the injuries are temporary or permanent
• The cost of your medical care, including future care
• The cost of other assistance necessary because of your injuries
• The amount of income you lost during recovery
• Whether your future earnings will be impacted
• If the injuries are permanent, your age

If the driver who hurt you doesn’t have enough coverage to pay for your damages, they can be held responsible for the difference. But, not every careless driver has assets you can go after. If the policy limits aren’t high enough to cover your damages, we will investigate the responsible driver’s finances to see whether you can collect from them directly.

Protecting Your Car Accident Claim

When you hire an I Just Got Hit attorney, we’ll do the hard work. We’ll manage the deadlines, draft the documents, collect the evidence, handle negotiations, ensure all technical requirements are met, and prepare for trial. But, you have to take care of yourself and your claim. That means:

• Avoiding talking to the insurance company 
• Getting checked out by a doctor right after the crash
• Not ignoring any symptoms or waiting and hoping they’ll get better
• Following doctors’ orders
• Getting all tests ordered for you
• Attending physical therapy, counseling, or other care recommended
• Avoiding posting about your case on social media
• Not overdoing it in a way that could re-injure you or slow your recovery

Always remember that the insurance company will use anything they can against you. They may take your words out of context. They may use social media photos to suggest you aren’t as badly injured as you say. They may blame you for the extent of your own injuries if you didn’t get proper medical care. We need you to do your part while we do ours.