Fort Worth Side Impact Collisions Lawyer
Though head-on car wrecks are often the most lethal and cause the most devastating injuries, side-impact collisions (also known as T-bone accidents) are also among the worst collision types. In fact, the Association for the Advancement of Automotive Medicine lists several factors that make side-impact collisions especially prone to pediatric injuries. Though injured people and their families may be significantly harmed by these crashes, the law is on their side and, with the help of skilled Fort Worth side-impact collisions lawyers, they can get the compensation they need to move on with their lives.
Fears Nachawati is a local Fort Worth law firm that has plenty of experience in the realm of side-impact collision injuries. Some of our previous clients have suffered life-altering harms like Traumatic Brain Injuries (TBIs), spinal cord injuries, paralysis, lost limbs, burns, crushing injuries, and more. We will work diligently at every step of your claim in order to ensure that you get the best possible resolution in your case. This includes steps like the following.
- Helping you coordinate medical care
- Negotiating with opposing attorneys
- Bringing expert witnesses into the case
- Collecting and preserving evidence of the other driver’s fault
- Compiling a list of your damages
- Arguing your case in court if litigation becomes necessary
How Fault Affects My Injury Claim
In a Fort Worth side-impact collision, one of the most important elements of the potential injury claim that results is the notion of fault. A legal term denoting the responsibility for causing the accident, fault can be apportioned to any number of people involved in the accident or entities related to the crash. For example, you may share some blame for the accident, the other driver may share blame for the accident, and the manufacturer of the car can be responsible if the crash was caused by some shoddily designed piece of equipment (known as a product liability claim).
When I Can Recover Compensation
Though fault can be split between multiple parties, including yourself, having some share of blame does not prevent you from filing a claim for compensation. This is because Texas, unlike some other states, uses a system called proportionate responsibility when handling cases of mixed fault. There are two main ways that this system affects your ability to recover compensation for your injuries.
- You can sue for compensation as long as you are no more than 50% at fault.
- Your compensation package will be reduced by your percentage of blame.
For example, let’s say the court finds you to be 25% responsible for the accident by engaging in some form of risky driving. After extensive consideration, your Fort Worth side-impact collision lawyers value your total damages at $200,000. Instead of receiving the full amount of that value, your potential compensation package would be reduced by 25%, coming to a grand total of $150,000. While that may seem like a lot of money, it is a decrease of $50,000!
Experienced and skilled Fort Worth side-impact collision attorneys can help you reduce your share of fault by building a strong case against the other driver.
Sources of Evidence
Fault can be shown in a wide variety of ways that often depends on the specific details of each unique claim. For example, you may be able to acquire the opposing driver’s phone records if they were texting while driving. That can lead to significant compensation, as Texas’ House Bill 62 outlawed the act in 2017. In general, though, there are many sources that your Fort Worth side-impact collisions lawyer can tap to provide evidence of the opposing driver’s fault.
- Eyewitness’ testimony
- Footage from nearby surveillance or traffic cameras
- Photos of the accident scene
- The police crash report
- Testimony from expert witnesses
The Value of My Claim
The amount of compensation you receive is dependent not only on the way that fault is apportioned in your case, but also on the value of the damages you suffer as a result of your side-impact collision in Fort Worth. Typically, your damages include all of the ways that your life is negatively impacted by your accident, and certain laws govern which harms qualify.
A list of damages and their definitions is found in Chapter 41 of the Texas Civil Practice and Remedies Code. The most obvious forms of harm are called economic damages, and they include all the ways that your bank account is affected by the accident. For example, you may suffer medical bills, car repair or replacement costs, lost wages, diminished earning capacity in the future, rental car fees, and other monetary damages as a result of your injury. Generally, you can ask for compensation up to the exact amount you pay or are charged for this kind of harm.
On the other hand, there is no limit to the amount you can recover for damages that are more subjective in nature. These non-economic harms include items like a loss of enjoyment in life, loss of companionship with your spouse, physical pain, mental anguish, and similar ills.
I Should Speak to Attorneys for FREE
If you are involved in a side-impact collision in Fort Worth, you should speak with an attorney as soon as possible about the possibility of compensation. At Fears Nachawati, our lawyers offer a FREE consultation to discuss the details of your claim, and we do not collect a fee
from you unless and until we get you the compensation you deserve.
Call us today at (469) 998-4069 to schedule an appointment, or fill in the form on our contact page and we will be in touch soon.