Distracted driving-related car accidents are relatively common in Texas due to the many factors which have the ability to limit our perception and hinder our judgment. Cellphone use (talking, texting), for example, is perhaps the most common act we take for granted while on the road. Attempting to maintain a conversation while driving may come naturally for most. For others, it places them in a position that can result in tragedy. If you happen to find yourself injured or have lost a family member due to a distracted driving car accident, know that legal guidance is available. The following are ways our attorney can establish liability for such a case.
The Blame Game: How Liability is Proven in a Distracted Driving-Related Car Accident
Support Your Claim
A police report contains specific details about the circumstances of your accident. It may also include an admission of fault by the other driver. This crucial piece of evidence will most likely be permissible in court as long as it is completed promptly after the accident has taken place. It is important to notify law enforcement officials at the scene of the accident if you happened to witness the other driver engaging in any act or behavior deemed distracting. Law enforcement backing is always the best piece of evidence.
Admitting Fault Could Mean Implication
It is strongly advised to never admit fault for a car accident if you are unsure of the how the act occurred. It’s understandable for emotions to run high and uncertainty and fear to overwhelm you. It’s important to remain calm and keep a sound mind. Stick to the facts of what happened and refrain from making assumptions. Statements admitting fault may not be admissible in court due to rules regarding hearsay. However, if you are seeking an out-of-court settlement, admitting fault could harm your case.
Police responding to an accident typically document statements from witnesses. These people usually include those who witnessed the accident or may include passengers in the vehicles involved who experienced the wreck firsthand. Witnesses can also be subpoenaed to testify on your behalf.
A Successful Claim
The aforementioned are only a few examples of how liability can be established on the part of the defendant. Our personal injury attorney in Austin is skilled and capable in identifying the evidence needed for your case. A successful claim relies heavily on both the practices used and gathered evidence your case will be built on. Let’s get started today to build yours and reach a successful resolution.