The Houston Chronicle recently reported that drivers who kill pedestrians in car wrecks seldom end up getting charged, or even identified, after the fact. Of course, many of these instances result because the driver flees the scene of the accident. Proving negligence is also difficult in Texas, which is why you want to make certain you have an experienced auto accident lawyer in Dallas represent you if you do have to go to court to prove that a driver injured you.
According to the article, proving negligence in Texas courts requires that your attorney demonstrates that the driver that injured you engaged in behaviors that represented a gross deviation from the standard of care expected of drivers. This does not apply to cases where the driver was drunk or engaging in reckless behavior, such as speeding or racing other vehicles. Still, this makes it more difficult for attorneys to prove that somebody was actually negligent when they injured you.
Negligence is the foundation of the laws that allow people to seek compensation for people who have injured them. Experienced attorneys seek to prove negligence by looking at the facts of the accident and determining where the driver who caused the injury went wrong and what they could have been expected to do versus what they actually did. In Texas, according to the article and because of what the courts have ruled, this can be a somewhat difficult affair. If somebody has injured unit accident, you need to make certain that you get a lawyer who has a lot of experience handling these cases and who understands how you go about establishing negligence in a Texas court of law. If you do have such an attorney, your chances of winning your claim are much better, but nothing can be guaranteed.
One of the risks that people worry about, and legitimately so, is that they will end up paying for a car wreck lawyer but end up losing their claim. What goes through their minds is that they will end up with a stack of legal fees to pay without having gotten anything out of it. The solution to this is hiring a lawyer on a contingency arrangement. Under such an arrangement, the lawyer doesn’t get paid unless they actually win your claim, which means you don’t pay any legal fees if they fail to win a settlement from the other driver or to work from the jury.