Liability Issues in Personal Injury
Call the Law Office of Doug Goyen at (972) 599 4100 to help with your personal injury case or claim.
Who was at fault? Liability is the legal term used for this question in personal injury cases. You must first prove the other person was liable “at fault”. Your personal injury lawyer will help do this by showing how the other person was negligent. Negligence broken down in the law by 1) duty - a duty exists, 2) breach – there was a breach of that existing duty, 3) causation - that the breach caused damages, 4) damages - what were the harms and losses caused by the breach.
Every case is different. The same actions that are negligence in many situations may not be determined to be negligence in other situations. Insurance companies are notorious for using excuses such as “act of God”, “phantom driver”, “unavoidable accident”, “contributory negligence”, and other excuses to avoid paying a claim that most people would think should be a no-brainer that the insurance company should cover.
Acts of God are typically weather related – in other words God caused the accident, not their driver who was driving too fast for the wet roads – it was God’s fault for making the road wet (I don’t endorse this argument, just letting you know it’s a common defense theme of insurance companies – I believe that if you go out on the road in ice, you should drive slow enough that you don’t slide – and if your tires slide its your fault for attempting to drive on ice with tires not equipped to drive on ice, same with rain, snow, sand, wind, etc. Our lawyers do work as a North Texas attorney, Wichita Falls injury attorney, Plano accident lawyer, Dallas injury attorney and sees weather pattern defenses often and knows how to deal with them. If you drive in certain weather conditions, you know to take more care – if you don’t, and you cause a personal injury, you and your insurance company owe the claim).
Phantom drivers are drivers that allegedly swerved into, bumped, or cut into the at fault driver’s lane suddenly and caused him to make the sudden lane change, rear end you, or whatever he did. They are “phantom drivers” because nobody else saw them, and they didn’t stop. So there is no corroboration other than the defendant driver “claiming” this “phantom driver” caused the whole thing, not him.
Unavoidable accidents are ones where the defendant driver claims that he did everything that anyone else in his situation would have done. The accident was just . . . unavoidable. The roads were too slick. The bend in the road obscured his vision. The glare coming off the water blinded him (also see act of God), the traffic stopped so suddenly that nobody could have stopped in time – it was just unavoidable . . .
Contributory negligence is where the defendant says that you contributed to your own harm somehow. You could have braked to avoid him as he blew through the red light. You should have seen him coming behind you and should have moved out of the way so he didn’t rear end you. You should have seen him suddenly turning left in front of you without warning and should have slowed your vehicle enough to avoid the collision. You could have swerved into the oncoming lane of traffic to avoid the collision with him. All these are where the defendant driver’s insurance company tries to say you somehow contributed to your own injury.
Every situation is unique. Personal injury lawyers can help guide your case through the insurance company’s defenses. Personal injury cases are usually not as easy as they first may seem. You need an attorney familiar with the North Texas court systems and settlement values. If you need a Dallas injury lawyer, North Texas automobile accident attorney, Wichita Falls injury attorney, or Plano accident attorney, you need to call us today for a free consultation. Our local phone number is (972) 599 4100. Our toll free number is (855) 599 4100.
Personal Injury Areas We Help With Are:
Auto Accident and Injury Cases, Personal Injury Cases, 18 Wheeler & Commercial Vehicle Injury Accident Cases, Motorcycle Accident and Injury Cases, Wrongful Death Cases, Pedestrian Injured by Automobile Cases, Slip and Fall & Premises Cases, Workplace & Constructions Injury Cases, Dog Bite Injury Cases, Bicyclers Hit by Automobile Cases .
Types of Coverage in Automobile Injury Cases:
By Doug Goyen, firstname.lastname@example.org