Few things are as disruptive as a car accident. One can be driving along, going about their normal day, when their life is changed forever by another’s negligence. This sudden change of circumstance can lead to catastrophic injury. This may result in limitations to one’s ability to earn a living, the need for ongoing medical care, and a decreased quality of life. When matters have resulted in catastrophic or serious injury it is important that the victim seek quality representation. The car accident attorneys at Noteboom—The Law Firm handle car accidents in Fort Worth and throughout other areas of Texas. Contact our office today to speak with a knowledgeable car accident attorney.
People have a duty to obey traffic laws once they get behind the wheel of a car. Unfortunately, this duty is sometimes ignored. A Texas car accident victim can recover damages if the other driver breached their duty of driving safely and if that breach of responsibility caused an accident. Common examples of violations that cause Fort Worth car accidents include:
The victims of such accidents can potentially recover damages for their injuries even if they were partially at fault. This is due to the fact that Texas is what is known as a “comparative fault” state. As long as one is less than fifty-one percent at fault for the accident then Texas law will allow an injured party to be compensated. These laws mean that residents of Texas are protected from another’s negligence.
Although insurance companies generally decide who is at fault following a car accident, a jury decides when there is a trial. Determination of fault is crucial since damages and resulting penalties or fines are at stake. Showing liability can be straightforward, in some cases, but not always. Proving fault requires the following:
Every driver owes other drivers on the road a duty of care. This duty of care helps avoid injuring others or damaging property. To establish liability, it must be shown that a reasonable person would have acted differently under the same set of circumstances. As the injured party, the burden of proof rests on the injured party. To meet the burden of proof, your car accident attorney will ensure the evidence supports your version of the accident. Obviously, the more evidence supporting your claim, the more likely you are to obtain fair compensation. This evidence could come in the form of medical bills, photographs taken at the scene, accident reports, and witness statements. While a car accident can happen in an instant, the serious long-term losses can alter your future forever. There are time limits—known as statutes of limitations—for filing your claim. Because of this, it is important that you immediately contact a skilled, knowledgeable car accident lawyer from Noteboom—The Law Firm.
Negligence per se literally means negligence in itself. When a defendant has violated a regulation or statute, and the statute was meant to protect parties like you they have breached their duty of care. As a result of this breach, the defendant is negligent as a matter of law. When negligence per se is at hand, the only thing that must be proven at trial is whether the violation caused your injuries, whether you are the person this statute is meant to protect, and actual harm occurred. In cases where the statute is unclear, or when the defendant exercised reasonable care in complying with the statute, there may be no negligence per se.
One of the most common applications of negligence per se relates to car accidents. When a traffic code or rule was violated (speeding, running a stop sign, etc.) and that violation caused the accident, then negligence per se applies. Your Noteboom—The Law Firm car accident lawyer can help you determine whether negligence per se is a factor in your accident.
While a car accident can leave you shaken up and injured, it is important that you do certain things following the accident such as:
The first step in a car accident case is for the Plaintiff’s lawyer to contact the defendant’s insurance carrier. Once a victim’s damages can be reasonably measured then a settlement demand will be sent to the insurer along with proof of the defendant’s liability; such proof may include police reports, witness statements, etc.
If a settlement cannot be reached, then a lawsuit will be filed, and your lawyer will collect additional evidence of the defendant’s fault. The matter will conclude with a trial at which the jurors will decide the issue of liability and damages. This is a complicated process, and it is important to retain counsel experienced in handling such matters.
Our car accident attorneys aggressively represent residents of Fort Worth, as well as the rest of Texas, who have been seriously injured in a car accident. Our office only handles serious injury cases, which is why we will not treat your matter as if it is “just another car wreck.” Once retained we will immediately contact the insurance company so that they will deal with us directly. We will utilize an accident reconstructionist if necessary, in order to prove the extent of the other driver’s fault. We will also retain vocational, economic, and rehabilitative experts to show the amount of damage that has been done to one’s earning potential and physical health.
If a reasonable settlement offer is not made, then we will not hesitate to file a lawsuit on your behalf. We will stay in regular contact with you throughout the process, ensure that your questions are answered, and work to protect your rights. At Noteboom—The Law Firm, our car accident attorneys believe that people should be valued above an insurance company’s profits. We settle over ninety percent of our cases because we prepare to go to trial in one hundred percent of them. We are ready to assist you. Our firm also assists residents of Fort Worth and surrounding areas, including Dallas, Hurst, Euless, Bedford, Haltom City, Richland Hills, North Richland Hills, Watauga, Grapevine, Colleyville, Southlake, Arlington, Keller, and Grand Prairie. Contact our experienced personal injury team.
Noteboom – The Law Firm was founded in 1982 and we only handle matters involving serious or catastrophic injuries. Chuck Noteboom and Brian Butcher are Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. They bring this level of knowledge to each and every case our office handles. Our car accident attorneys regularly take matters to trial and have the resources to do so. We employ our own investigator, rather than using an outside service, have the needed relationships with various experts, and we have the ability to front expert fees and court costs which can range between $100,000 to $1,000,000. If you have been injured, then do not risk your future to a lesser experienced attorney. We are ready to assist you.