Establishing Fault After an Auto Accident in Midland, Texas
The aftermath of a car accident can be devastating. Even after covering medical and vehicle repair bills, you have to worry about the possibility of lost wages due to the lack of a working car. You are also concerned about potential chronic pain and lasting emotional distress. A lawsuit might be your best option to cover these costs and address additional damages. Carabin Shaw’s team of Midland auto injury lawyers has decades of combined experience and can help you get the compensation you deserve. Contact our Midland office today for a free consultation.
To determine whether your auto injury case is viable, you must first consider how responsibility gets assigned. If your insurance company says you are at fault, you will have a much harder time receiving compensation in court. When establishing fault after an auto accident in Midland, Texas, insurance companies will consider the following factors, among many others.Impaired Driving
For most insurers, impaired driving is a definitive sign of fault. If one party involved in a Midland auto accident is drunk or otherwise under the influence, insurers will likely find them at fault. Drunk or otherwise impaired driving is a hugely negligent act that poses a significant danger to everyone on the road, including the impaired driver. If the driver with whom you were in a collision was impaired, it is very likely that you have a viable personal injury case and should strongly consider a lawsuit. If you have been injured in an accident with an impaired driver and are considering a lawsuit, contact Carabin Shaw for an appointment with a car accident attorney in Midland.Traffic Laws
If neither party is impaired, insurers will likely look for violations of other traffic laws next. These violations can be apparent. Some examples include:
- Hitting someone after running a red light or a stop sign
- Driving on the wrong side of the road
- Going the wrong way down a one-way street
Some cases, however, are less obvious. For example, if you are rear-ended by another vehicle after a stop, you may think that you are at fault for stopping too suddenly. However, the other driver is likely at fault for following you at an unsafe distance. If you are unsure about which driver is more guilty, our Midland auto accident attorneys to discuss whether or not you have a viable case for a lawsuit.Admission of Guilt
Sometimes, insurers will rely on anecdotal evidence after an accident to determine fault. Insurers might consider the other party apologizing in conversation after the crash an admission of guilt. It is helpful to record your discussion for this reason. When neither driver is impaired and broke no clear traffic laws, this piece of evidence can influence your case significantly.
Be careful and make sure to avoid language that might implicate you as at-fault. Try using passive language that avoids assigning responsibility to any party: for example, "Was there any damage to your vehicle?" If you believe that the other party in your accident admitted guilt, contact a lawyer with Carabin Shaw today to discuss a potential lawsuit.Finding a Lawyer
When looking for Midland auto injury lawyers, prioritize experience, knowledge, and dedication. Our personal injury attorneys all embody those qualities, and their records and decades of representing cases like yours speak for themselves.
We offer free consultations, during which we will gather facts about your case and answer questions you might have. Our contracts are also contingency-fee, so we will not charge you unless we win your Midland auto accident case.
Contact our Midland attorneys today at 432-620-0544 to get started on your case. You can also reach us toll-free at 1-800-862-1260.