Car accidents are some of the most common personal injury cases that there are. If you’re considering a car accident case, then it’s likely you’ve suffered serious injuries that are preventing you from working and damaging your financial stability. However, if you’ve never been a part of an auto accident case before, you might not know exactly what this cases involved or how you should proceed.
Luckily, if you prepare for your car accident case the right way, winning your deserved claim is easier than you might imagine. Learn how an Odessa auto accident attorney can help with your auto accident case and discover why fault is the most important factor in winning your claim.
Understanding and Proving Fault
Proving fault is the linchpin of each and every personal injury case, especially those involving car accidents. In order to win the compensation that you need, you will have to definitively prove that the other driver was at fault in your accident.
Every driver on the road has a duty to protect the other drivers by operating their vehicle safely. To prove fault, you will need to show that the other driver failed to act reasonable and breached this responsibility. Additionally, you will also need to demonstrate that it was the negligent actions of the other driver that caused your injuries. Proving fault can be difficult on your own, which is why it’s a good idea to consult with an Odessa auto accident attorney.
Can Fault Be Shared?
Depending on the state in which your accident occurred, fault can be assigned to both drivers involved in your accident. The percentage you are deemed to be at fault can greatly impact the amount of compensation you can receive.
The first form of shared fault is known as contributory negligence. Contributory negligence means each driver shares some blame. For example, if the court decides you were 40% responsible for your wreck, and the available damages are $10,000, you can collect $6,000.
Lastly, some states use contributory negligence. In these states, any amount of fault bars you from receiving compensation. You must be 100% fault free to receive damages in these states.
Texas is one of several states that use a concept of modified comparative fault. In these states, your damages are calculated the same way as contributory negligence states, but with one major difference. With modified comparative fault, you can only receive damages if your level of responsibility is under 50%.
Getting the Maximum Compensation
Because it’s so important to ensure that your fault remains below 50%, you need help representing your case in the best light possible. Insurance companies know exactly how to spin accidents to make it look like your injuries are lesser than they are, or that you bear a heavy responsibility for the accident. Without experienced counsel in your corner, dealing with insurers can be extremely difficult.
Get Help from an Odessa Auto Accident Attorney
If you’re looking for an Odessa auto accident attorney for advice about your auto accident case, then you need to work with Robert White, Attorney at Law. Every attorney at Child, Bishop & White, PC is ready to work on your case. Our lawyers can tell you the best way to handle your case so that it is as stress-free as possible.
Get in touch with us today so that we can start fighting for you.