Proving Negligence in Austin Car Accident Claims
Victims injured in car accidents have the right to file a personal injury claim to hold other drivers or entities financially liable for the damages they caused. Although the legal pathway to justice and compensation are available, securing these results are not without their conditions. Most importantly, victims who bring claims will have what is called the “burden of proof.” This means that it is their obligation to prove by a “preponderance of the evidence” that the defendant is at fault and should therefore be held liable.
The standard of preponderance of the evidence essentially means that victims must prove that another driver’s actions – or the actions of another – most likely caused the accident. In most cases, this boils down to proving that another’s negligence was the probable cause.
At the Loewy Law Firm, Austin car accident lawyer Adam Loewy has helped countless victims through the personal injury claim process and has successfully recovered more than $40 million in compensation for our clients. He focuses on proving the essential legal elements of fault and negligence. In car accident cases, he works toward proving that:
- A legal duty existed – All motorists have an obligation to obey the rules of the road, to drive safely, and to take reasonable measures to keep others free from preventable harm. Public transportation companies, truck companies, auto part manufacturers, and other entities may also have a legal duty to ensure that reasonable steps are taken to ensure the safety of others, depending on the situations. These are legal duties.
- The legal duty was breached – When motorists drive negligently, they fail to uphold their legal duty. Negligence can come in many forms, including drunk driving or speeding, among others. The same holds true for entities such as a trucking company, which can breach legal duties by failing to uphold their duties. Examples include overloading vehicles or failing to secure cargo.
- The breach of duty caused preventable harm – By failing to uphold their legal duty, drivers caused preventable harm. In other words, it must be proven that had the motorist been driving responsibly, an accident would most likely not have occurred.
- The victim suffered damages – As a result of the breach of duty, victims suffered physical, emotional, and / or financial damages.
Once these elements can be established, victims will have a fighting chance for recovering the monetary compensation they rightfully deserve. Aside from focusing on proving these essential legal elements, Adam Loewy also focuses on presenting the extent of damages victims suffer. Although cases and injuries will be different, he can help prove that victims require compensation for their pain and suffering, emotional injuries, lost work wages and future earnings, and medical expenses, among other damages.
If you or your loved one has recently been injured in a car accident in Austin or in any of the surrounding communities of Texas, working with an experienced and proven Austin personal injury attorney is of the utmost importance. You can learn more about your case, the factors involved in proving negligence and liability, and how our firm can help by contacting a car accident attorney in Austin at (512) 920-5533 or by requesting a free case evaluation.