How to Prove That Another Driver was Negligent or Careless?

Are you in Corpus Christi? Were you injured in a rear end Auto accident?

Give Carabin Shaw a call. We can help. Call us at 361-444-1111, local if you’re in Corpus Christi.

Texas is what is called a "comparative negligence state." This means that in order to make a successful claim against another vehicle operator, you have to actually prove the other operator was negligent. In a basic nutshell, this means you have to prove that the other driver did something careless or reckless, and that carelessness or recklessness caused the car wreck. This is frequently why the "following vehicle" is found at fault in any rear-end collision. It is proven that the “follower” vehicle was acting carelessly or recklessly in tailgating the “leading” vehicle, leaving no one enough room to stop if need be.

The following are good examples of “rear end” wrecks that found to be the fault of the “leading” vehicle. (The one that was struck from behind):

When a leading car exits from of a parking lot, and the vehicle pulls out of a parking area without looking to make ensure a clear way, or if they misjudge the oncoming traffic and speed out into that oncoming traffic, the law holds that the subsequent accident it is that driver's fault. Vehicles which pull out of parking lots must yield the way to oncoming cars. Those cars have a legal “right of way.”

The front car unsafely changes lanes. If an auto or other vehicle changes lanes and then has to hit the brakes, and then gets rear-ended because of this, it's that driver’s fault. Unfortunately, such instances are difficult to legally prove, and there will still be arguments made against the “rear-end” vehicle’s driver. If the second automobile did not leave merging vehicles enough room, it may well still be the rear-ender's legal fault for the crash.

The front car slams on the brakes for no apparent reason. In a usual situation, a following vehicle must maintain a reasonable safe distance from the leading car in order to facilitate reasonably coming to a full stop. There are, however, specific situations in which the leading car stops for no apparent reason whatsoever. These particular situations are rare, but any accident which results is in fact the leading car's legal fault.

If you’re actually seriously hurt when another driver was negligent, Carabin Shaw would advise that you consult with an experienced rear end collision attorney. These lawyers know that To prove that another driver was negligent or "At Fault," You Have to Prove Negligence. The attorneys at Carabin Shaw know how to do this efficiently and successfully. When serious injuries enter into it, things get messier on both ends. Insurance policy carriers are much less likely to cooperate with your attorney and you have a lot more at stake in the case. Difficult insurance injury claims frequently require the use of expert testimony from medical providers and/or retained experts and, discovery of evidence (when you learn what the opposition has), etc. Your attorneys can subpoena this kind of evidence and more.

Regardless of your situation, it's always a good idea to get a free consultation. At Carabin Shaw law firm, we know all too well that to prove that another driver was negligent or "At Fault," You Have to Prove Negligence. We are good at this. Let us give you your best chance to get the best possible result the law allows.

Are you in Corpus Christi? Were you injured in a rear end Auto accident?

Give Carabin Shaw a call. We can help. Call us at 361-444-1111, local if you’re in Corpus Christi.