Injury Lawyer For Accidents Caused By Driver’s Sneeze In Dallas
When we sneeze, our bodies have a blink response to protect our eyes from germs. Unfortunately, that means drivers who sneeze often close their eyes, and even a split second of obscured vision can result in an accident. Alternatively, a violent sneeze can cause a driver’s limbs to jerk, twisting the steering wheel into the vehicle beside them. Regardless of having such an innocuous cause, these accidents may lead to serious injuries that should be compensated by the driver who caused the wreck.
If you are injured in an accident caused by a driver’s sneeze, the best chance at significant compensation is for you to contact a skilled attorney. Pintas & Mullins, a Dallas car accident law firm, have worked with many clients with injuries like yours, and we can handle car accident claims with all different causes and fact patterns.
When I Am a Passenger in the Car Wreck
So-called “freak” accidents occur, and it is certainly true that sneezing that leads to a crash can be one of them. When this happens and you are a passenger in the car, such as could be the case in a single-car wreck, there are some rules governing whether or not you are able to sue for compensation. If you are with a friend or someone else to whom you are not related, you may be able to collect compensation from them for the harm you suffer.
Limitation on My Recovery
Unfortunately, there is a restriction in Texas law regarding the responsibility of a driver to their passengers. According to Texas Civil Practice and Remedies Code §72.001, a driver is not liable for injuries caused to passengers who are related to them in the second degree of “consanguinity or affinity.” Essentially, this means that you cannot sue your spouse, parents, kids, or siblings to recover compensation if they were the driver in your accident.
For help determining the validity of your claim, it is important to talk to Dallas car crash attorneys as soon as possible.
Proving the Other Driver’s Responsibility
In most cases, the fact that a driver sneezed is not enough to absolve them of responsibility for a car crash. Proving that the driver was responsible, though, can be difficult. An attorney with experience in handling these kinds of cases may be able to perform their own investigation into the claim to find evidence of the other driver’s negligence.
Types of Evidence I Can Use
There is a wide variety of evidence that can be used to bolster your claim. Some of these elements need to be collected right away at the scene of the accident, provided that you are able to do so in light of your injuries. This is because, over time, evidence can be lost or disappear. For example, weather can wash away crucial evidence at the scene, making it more difficult for accident reconstructionists to recreate the crash and determine the responsible party. Below are common pieces of evidence that are used to show the fault of the other driver.
- Pictures of the wreck scene
- Eyewitness testimony
- Expert witness testimony
- Police crash reports
- Surveillance or traffic camera footage
The Importance of Proving Negligence
We have all had sneeze attacks, and you may feel a bit bad for pursuing compensation from the other driver if a sneeze caused the accident. However, justice demands that you should not have to suffer financially for the injuries that you did not cause. Proving negligence is incredibly important in Texas, due to the state’s system of proportionate responsibility. This system affects your compensation in two distinct ways.
- Eligibility: you can sue for compensation if you are no more than 50% responsible for the accident.
- Percentage Reduction: your compensation is reduced by the percentage of fault attributed to you.
As an example, imagine that you are found to be partially responsible for the accident due to speeding or sending a text message while you drive. In this scenario, the court attributed 25% of the blame to you, and your total damages amounted to $100,000. Using the percentage of your fault to reduce your compensation means that you would receive a $75,000 from the at-fault party. Thus, it is crucial that you get help from a skilled lawyer who can provide evidence of the other driver’s fault. If more fault is attributed to you, you will receive substantially less compensation.
Finding My Lawyer Today
You deserve to be compensated for the harm you suffer as a result of an accident, even if that crash was caused by a driver’s sneeze. After all, drivers have a responsibility to operate their vehicles in a safe manner so as to prevent harm to other people.
To speak with Pintas & Mullins, a Dallas car accident law firm, and schedule a FREE consultation, fill out the form on our contact page and a representative will be in touch as soon as possible. Over the phone, we are available at (214) 305-8277.
Remember: we do not collect a fee if we do not win you the compensation you deserve, so there is no financial risk in getting your consultation and embarking on the path to the best possible legal outcome.