Plano Car Accident Lawyer
Even minor car accidents, or fender benders, can result in serious injuries. The smallest cars still weigh thousands of pounds, and the force that a sudden stop can exert on a person’s body is immense. Joint strains, concussions, and broken bones are all common injuries that can throw a person’s entire life into chaos.
On top of physical pain, these injuries can also result in a loss of income, strained familial relationships, or in extreme cases a permanent decline in quality of life. These accidents have a dramatic effect on people’s lives. A Plano car accident lawyer could fight to pursue the responsible parties for appropriate compensation. An experienced injury attorney can help you build a strong case for negligence. En Español.
Plano Collison Laws
The law in Plano, Texas allows people injured in accidents to demand compensation from the at-fault party. In cases involving car accidents, a Plano car wreck attorney knows that demanding compensation is almost always done through the common law tort of negligence.
A common law tort is a cause of action that allows a plaintiff to file a case in civil court. Common law refers to laws that have been handed down by the courts. Since all courts are required to follow the precedent of previous rulings, certain truisms can be extrapolated about the law from previous decisions. Negligence is a prime example of this.
Defining Negligence in Car Accidents
Plano car accident lawyers know that courts have stated that parties who are responsible for injuries occurring from an accident can be held civilly liable in certain situations. In those situations, there must always be a preexisting duty to care for the plaintiff, and the defendant’s actions need to constitute a breach of this duty that directly caused harm to that plaintiff.
Understanding Duty of Care
All drivers assume a duty of care for everyone else on the road whenever they get behind the wheel. Therefore, the main question in car accident claims is whether this duty was breached. This can be easily proved if the defendant driver violated a traffic law, or by showing that the defendant was distracted while driving. If either or both of these factors can be held up as causes of the collision, a car accident attorney in Plano may be able to make a strong negligence claim.
Statute of Limitations
Another aspect of Texas law that people should be aware of is the statute of limitations. All potential car accident cases are subject to a time limit. According to Texas Civil Practice and Remedies Code 16.003, all claims alleging personal injury must be filed within two years of the date of the accident. If the case is not filed within these limits, the lawsuit will likely be dismissed.
After experiencing a car accident, the most advisable first steps are to immediately contact the police, obtain medical care, and take pictures of the scene if possible. These few simple steps help to document the event and fulfill obligations to care for the other people in the accident.
Even with these efforts, though, car accidents can be very confusing and stressful for those involved. Qualified car accident attorneys understand these stressors, and may be able to negotiate a financial settlement with insurance companies instead of going to trial. Plano car accident lawyer can help you with the details of your case so that you can focus on your recovery and get your life back to normal again.