Car Crashes
Car Crash Lawyers in Corpus Christi
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What To Do After a Car Crash: Automobile Accident Attorney in Corpus Christi
Immediate Actions Post-Crash
If you or a loved one was in a car crash, it is crucial to know that your immediate actions can significantly impact any potential claim. Here is what you should do:
- Ensure Safety and Health: First and foremost, ensure that everyone at the scene is safe and that emergency services are called. Attend to anyone in need of urgent medical care.
- Contact Law Enforcement: A police report will be a vital piece of evidence in any claim. Make sure to provide accurate information to the responding officers.
- Document the Scene: If possible, take photographs of the accident scene, vehicle damages, and any visible injuries. Collect contact information from witnesses.
- Seek Medical Attention: Even if there are no visible injuries, it is essential to get a medical check-up to rule out any internal injuries or delayed symptoms.
Proving Negligence after a Car Crash
In order to prove the other driver was negligent, you must prove four elements:
- Duty of Care: The first element is to show that the defendant owed a legal duty of care to the plaintiff. This duty of care varies depending on the circumstances and the relationship between the parties. For example, drivers owe a duty of care to other motorists and pedestrians on the road not to speed or drive while intoxicated.
- Proving Duty of Care: This can often be established through common sense, statutes, regulations, or previous court decisions that define the standards of care applicable to the situation.
- Breach of Duty: The second element is to demonstrate that the defendant breached (violated) the duty of care owed to the plaintiff. A breach occurs when the defendant fails to exercise the level of care that a reasonable person would have exercised in similar circumstances. For example driving through a red light.
- Proving Breach of Duty: This is usually determined by examining the actions (or inaction) of the defendant and comparing them to what a reasonable person would have done. Expert testimony or industry standards can sometimes be used to establish what constitutes reasonable care.
- Causation: The third element is causation, which consists of two parts:
- Cause in Fact: It must be shown that the defendant’s breach of duty was the actual cause of the harm suffered by the plaintiff. In other words, if it weren’t for the defendant’s actions or negligence, the harm would not have occurred.
- Proximate Cause: Also known as legal cause, this part of causation concerns the foreseeability of the harm. The harm suffered must be a reasonably foreseeable consequence of the defendant’s actions or negligence.
- Proving Causation: This often involves analyzing the sequence of events leading to the harm and sometimes requires expert testimony to establish a link between the defendant’s actions and the plaintiff’s injuries.
- Damages: The fourth element of negligence is that the plaintiff must have suffered actual damages. Damages can include physical injuries, emotional distress, property damage, medical expenses, lost wages, and other losses directly resulting from the defendant’s negligence.
- Proving Damages: This is typically demonstrated through medical records, bills, testimony from the plaintiff and other witnesses, and sometimes expert testimony to assess the extent of the harm and associated losses.
To successfully prove a negligence claim, all four elements (duty of care, breach of duty, causation, and damages) must be established by a preponderance of the evidence, meaning it is more likely than not that the defendant’s negligence caused the plaintiff’s harm. Gathering evidence like police reports, witness testimonies, accident scene photographs, and expert opinions helps build a strong case.
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Common Car Crash Questions
1. How much does it cost to hire a car accident attorney?
2. Is there a difference between a police report and crash report?
A crash report and a police report are often used interchangeably, but actually refer to two different documents. At Perkins & Perkins, we always try to obtain both the crash report and a police report (if created) when investigating your case. The key differences are:
- Crash Report: A report specifically focused on the details of a motor vehicle accident. It may include information such as the location, time, and circumstances of the crash, diagrams of the accident scene, vehicle and driver information, and statements from involved parties.
- Police Report: A more detailed and broad report generated by law enforcement officers that may include various incidents beyond just traffic accidents. A police report can cover crimes, accidents, disturbances, or other incidents requiring police intervention. It usually includes details such as the officer’s observations, statements from witnesses, descriptions of injuries or property damage, and any actions taken by law enforcement.
- Crash Report: A report specifically focused on the details of a motor vehicle accident. It may include information such as the location, time, and circumstances of the crash, diagrams of the accident scene, vehicle and driver information, and statements from involved parties.
3. What if there is no police report or crash report?
4. Do I still have a case if I was partially at fault for the accident?
5. Can I file a claim if I don’t have liability insurance?
6. If the crash was a hit and run, do I still have a case?
7. What if the damage to my vehicle is minor?
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