Getting into a car accident can be a very confusing situation. That single instant will trigger a series of events that can throw a person’s entire life into chaos. After seeking out medical care for any injuries, a person needs to consider whether or not they want to take legal action against the at-fault driver. All the while, they are missing time at work, and their home lives are suffering.
Frisco Car Accident Lawyer
The very people who are supposed to help, the insurance companies, often only make things worse. By flooding injured people with paperwork and denying liability in obvious situations, they can prey on unrepresented plaintiffs. A Frisco car accident lawyer at McCraw Law Group is here to help. From day one, our seasoned personal injury attorneys handle every step of the claims process so that our clients can focus their energies on recovery.
Texas Traffic Laws
Most collisions on the road are the result of violations of driving safety rules. Because of this, they are pursued by a proactive Frisco car crash lawyer under the legal theory of negligence. In short, negligence occurs when a person has a duty to protect another but, through taking an action or failing to do so, causes harm to the protected person. There are five parts, or elements, of a successful negligence claim:
Scope
The injuries suffered, or injuries of a similar kind, must have been foreseeable from the facts of the case.
Duty
Duty is created when a person takes an action that requires them to care for other people. All drivers of all vehicles assume a duty to protect other drivers, pedestrians, and passengers. Therefore, this element is always met in a car accident case.
Causation
Any injuries claimed by the plaintiff must be attributable to the breach of the duty of care. Any preexisting conditions will not be part of the case, but any worsening caused by the wreck may be recoverable.
Damages
Lastly, the plaintiff must have suffered a physical injury from the accident. Without damages, there is no claim that even a skilled Frisco car accident attorney can make, regardless of how negligent the at-fault driver was.
Breach
When the person with the duty acts in a way that causes harm, the duty is said to be breached. This can be by violating a rule of the road or simply by driving in a careless manner. Examples can include running a stop sign or texting while driving. If the police make a note on their report that one driver was committing one of these actions, the likelihood they will be considered at-fault increases.
Potential claimants should also be aware that there is a time limit to file a lawsuit. Under Texas Civil Practice and Remedies Code 16.003, any lawsuit alleging personal injury must be filed no more than two years from the date of the incident. In certain situations, the time limit to file a lawsuit may even be less than two years. As soon as this time passes, the case cannot be heard by the court. Known as the statute of limitations, this is a common reason for a person’s claim to be denied.
