Car accident injury claims can become challenging legal cases when there is a dispute regarding liability. Every year, some drivers are unable to obtain compensation for their injuries because there is disagreement over who or what caused the accident, which may delay or even prevent a settlement. When disputes over the fault of the accident arise, it is essential for an injured party to hire car accident lawyers who are experienced in dealing with insurance companies, and in proving fault. With the help of the right car accident attorneys, those injured in car accidents have a much better chance of obtaining a fair settlement for their injuries, even when liability is disputed.
When Fault Is Disputed
Normally, when car accidents occur, insurance companies will investigate the incident to determine who is at fault in order to determine payment of injury claims. Often times, insurance companies make a different decision than drivers and injured parties may expect or agree with. Yet because of their decision, the insurance company can deny paying an injury claim.
According to Texas state law on Proportionate Responsibility,1 if a claimant is found to be at least 50 percent responsible for an accident, they are not entitled to any payment. Therefore, insurance companies do their best to find a claimant at least 50 percent responsible for accidents. In cases of disputed liability, careful investigation of the accident is necessary in order to prove liability when the injured parties, and their car accident lawyers, feel their claim is being unjustly denied or an unsuitable settlement amount is being offered.
Proving Accident Liability
When fault is disputed in an accident, and insurance claims are denied, it is essential to prove fault, or that some type of carelessness occurred. Accident investigation becomes a priority at this point, since it is necessary to uncover the real reason why the other driver is at fault or negligent, despite the fact the insurance company has initially sided with them. Gathering physical evidence, getting statements from witnesses, obtaining a police report, and talking to experts becomes very important in the days and weeks after an accident, when proving fault is critical. The collection of physical evidence is essential in determining what happened and why. Once this process has been completed, it is possible to use the information uncovered to determine whether any negligence has occurred.
Proving That Negligence Has Occurred
The main, and most important consideration when proving liability when it is being disputed, is determining if there is any negligence. By examining Texas Negligence Laws and the collected accident evidence, car accident attorneys and their clients can determine if an act or ommission led to the accident, and by whom. When negligence can be proven, a claimant stands a much better chance of receiving just compensation for their injuries.
Proving culpability is not easy to do in liability disputes. Although, if negligence has occurred, it can be proven by using the right methods and with the help of experienced car accident lawyers. This is why it is so important for those who have been injured in motor vehicle accidents to immediately retain the services of skilled car accident attorneys who understand Texas liability and negligence laws, and can help a party get the settlement they deserve!
Hildebrand & Wilson, Attorneys at Law
7930 Broadway, Suite 122
Pearland TX 77581
1Texas Civil Practice and Remedies Code
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