How Does a Car Accident Claim Work in El Paso? Do I Need an Attorney?

Recent data indicates that driving in Texas is especially dangerous. According to the Texas Department of Transportation, there was a reportable car accident every 59 seconds in 2017. El Paso is no exception to this trend. In 2018, there were 69 traffic-related deaths in our city, and the car injury attorneys of Carabin Shaw are taking note. If you were in a collision and want to file a car accident claim against the other driver, a lawyer can help.

Negligence and recklessness are the primary causes of car wrecks. As the name suggests, negligent drivers are careless. They may change lanes without signaling, run stop signs or red lights, or fail to yield when merging. Reckless driving is more extreme than negligence. It is a criminal charge that involves a wanton disregard for traffic laws. Reckless drivers may excessively speed or drive under the influence of alcohol or drugs. When El Paso car accident lawyers take on a lawsuit, they establish whether the at-fault driver was negligent or reckless. This determination may affect the compensation you receive, particularly in a car accident claim pain and suffering case.

Though each car accident is distinct, there are common factors in many negligent and reckless accidents, which might include:

• Alcohol and drugs: The Texas Department of Transportation reported 23,760 alcohol-related car accidents across the state in 2017 that resulted in either fatalities or injuries. The CDC reports that police arrested more than 1 million drivers in 2016 for driving under the influence of alcohol or narcotics. While high, this figure is only 1% of the 111 million self-reported incidents of alcohol-impaired driving among U.S. adults. Car wreck lawyers in El Paso are aware of how big a problem alcohol-related car crashes are in Texas, and they are equipped to best advocate for your interests.
• Aggressive driving: Poor temperament or a false sense of control can lead some drivers to disregard both their safety and the safety of other motorists. According to the AAA Foundation for Traffic Safety, accidents involving aggressive driving are responsible for injuring or killing roughly 1,500 people per year in the United States. Some behaviors associated with aggressive driving are rapid acceleration, tailgating, and cutting off other drivers.
• Distracted driving: In 2015, distracted driving accidents injured 391,000 drivers. Today, cell phones are the most significant distraction to drivers, and the National Safety Council reports that cell phones were involved in 27% of all crashes in 2015. If an inattentive driver collided with your vehicle, an El Paso auto accident attorney could counsel you on how to proceed.

You may ask, “How does a car accident claim work in El Paso? Do I need an attorney?” To increase your chances of settling successfully, hiring an experienced lawyer is crucial. He or she will work to establish the following four criteria:

1. Duty of care: Your attorney must prove that the defendant had a legal responsibility to exercise caution when performing an activity that could reasonably harm others. Drivers must follow traffic laws because failing to do so could cause a crash.
2. Breach of duty of care: To meet this criterion, your legal team needs to prove that the defendant violated traffic laws.
3. Causation: Next, you need evidence that the defendant’s breach of duty of care caused your injuries.
4. Damages: Finally, you need to itemize your losses. Damages might include property loss, medical expenses, and pain and suffering, among others. This figure forms the basis of the money the defendant will pay you.

At Carabin Shaw, we believe El Paso residents deserve the best representation possible: us. Our lawyers are committed to securing comprehensive compensation on your behalf. Call us today to schedule a free consultation with a personal injury lawyer in El Paso at 915-779-2301 or phone us toll-free at 1-800-862-1260.