San Antonio TX Car Wreck Lawyers - Proving Negligence In Your Auto Accident Case

To seek compensation for injuries from a San Antonio auto accident, you must prove that another party was negligent. Fault and liability are not always easy to establish, but hiring a lawyer can help you avoid common mistakes in your personal injury claim.

The best car accident lawyers in San Antonio at Carabin Shaw are ready to help you prove your case. We have decades of personal injury experience and understand how to prove negligence. If you’re looking for trustworthy legal advice and quality representation, call our toll-free number at 800-862-1260 for a free consultation.

Negligence is the failure to exercise due caution, which results in injury. This caution, or duty of care, may be explicitly stated in a contract. It may also be the expected behavior of a reasonable person. Negligence has five components that must exist for a party to be liable in a court of law:

1. Duty of care: Expectation for reasonable behavior that does not cause harm
2. Breach of duty: Failure to exercise care
3. Harm: Injuries or property damage
4. Proximate cause: Caused the harm
5. Cause in fact: No harm would have happened without the negligent act

Contributing factors can remove liability from one party and place it on another. Examples of contributing factors include the failure to mitigate damages or another party’s actions that caused the harm. Your car accident lawyer in San Antonio TX will help you to establish negligence and provide proof to the court to establish clear liability.

Proof of negligence is more challenging for a lawyer to locate and preserve than proof of damages because it requires investigation into subjective perspectives and potentially misleading evidence. Your attorney should excel in discovering this evidence and discarding misleading or unhelpful information.

Types of evidence that might help your car accident claim in Texas include:

• Witness testimony
• Dashcam footage
• CCTV recordings
• Crash reports
• Expert testimony
• Accident reconstruction report
• Driving records or citations
• Blood tests (for drugs or alcohol)

In a car accident involving several vehicles, your attorney may need to identify more than one at-fault party, and the injured victim may also share some of the faults. Texas is a comparative negligence state, which means that the court will order compensation that is proportionate to the defendant’s liability. The court will not award compensation if the plaintiff is more than 50% at fault.

Either the plaintiff or the defendant can bring in other parties who share in liability. Your San Antonio car accident attorney will gather the necessary evidence to reduce your liability and hold all at-fault parties accountable for their negligence.

Shared negligence can be worrisome, especially if the plaintiff’s fault encroaches upon 50 percent. At Carabin Shaw, we offer our services on a contingency-fee-basis, so you don’t have to worry about upfront legal fees or large legal bills if you don’t win your case. Read our client reviews to find out more about our legal services.

The best way to achieve justice after a car wreck is to seek compensation for your injuries. This is the only legal way to hold at-fault parties accountable for their actions that caused you harm. Proving negligence is not always easy, but with an excellent Texas truck accident lawyer, you can find compelling evidence to help the court award compensation fairly.

If you’re looking for a trustworthy lawyer from Carabin Shaw, schedule an appointment with a member of our team today at 800-862-1260. Someone is available to speak with you 24/7, and we have English- AND Spanish-speaking staff. Don’t wait to gather evidence or file a claim. Get the legal advice and help you need to get fair compensation for your auto accident.

For more information:

• Cornell Law
• TDI
• Texas Statutes 33