In a civil claim for accident compensation from a Houston car wreck that someone else has caused, the burden of proof always rests on the claimant. No matter how heinous the actions of the other driver who caused your Houston car wreck, Texas law does not require him or her to voluntarily compensate you for the damage and accident losses you’ve suffered.
You have to prove each essential element of your claim.
1. The other driver owed you a duty of care to not cause you harm. Every driver owes this duty to everyone else when behind the wheel. Some of this duty is codified in Texas traffic laws.
2. The other driver breached the duty of care. The other driver violated a traffic law or some other aspect of the duty of care. Drinking and driving constitutes an example of breach of duty.
3. The other driver’s breach of the duty of care caused your Houston car wreck and your injuries and vehicle damage.
4. You have actual damages from the Houston car wreck that the other driver caused. This means that you have vehicle damage and/or personal injuries from the accident.
You will need clear and convincing evidence to prove all of these elements. The defendant on the other hand doesn’t have to prove anything. And chances are that he or she will assert all sorts of defenses trying to get out of responsibility for paying for your accident losses. For instance, he might say that a seizure caused him to crash his car. He might assert such a defense even though he was driving with a suspended license and had several prior vehicle-related convictions.
But remember, the defendant doesn’t have to prove the validity of his defenses in your civil claim against him. You have to prove the validity of your Houston car wreck claim.
This means that you need an experienced and knowledgeable Houston car wreck lawyer to investigate your accident, gather and preserve the relevant evidence you will need, develop a winning legal strategy for your specific case scenario, tear down the defendant’s asserted defenses, and present your case in a clear and believable manner.
Evidence begins to disappear and degrade almost from the very moment an accident occurs. Just clearing away the scene of a Houston car wreck forever alters or destroys some pieces of evidence. And concerned defendants might do everything they can to hide or destroy evidence that could be used against them. You need to get an able Houston car wreck lawyer on your side as soon as possible to ensure your chances of securing the evidence you need to prove your claim.
Contact our skilled and experienced Houston car wreck lawyers today for a free legal consultation regarding your particular accident. We’ll explore the facts and circumstances of your case with you, outline your available legal remedies, and provide astute counsel in the ways to best make use of your available remedies. Our long-term experience and legal expertise could make the difference between inadequate compensation for your claim and a full financial recovery. So call us today and get started on your road to recovery.