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CONTACT Clay Jenkins & Associates, PERSONAL INJURY LAW FIRM
Every year, tens of thousands of Texans are injured in car accidents. The financial, physical, and emotional suffering after a car accident can be immense. If you have been injured in an auto accident, you should pursue a claim as soon as possible, since there are time limitations on how long you have in hand to file a claim/lawsuit against the responsible parties. When we take your case up, it is on a contingent fee basis, meaning you only have to pay us if you recover enough compensation. Contact us now at 972-938-1234 or fill out our online form to learn your rights.
Why Hire Auto Accident Attorneys From Clay Jenkins & Associates
The car accident lawyers at Clay Jenkins & Associates, Attorneys at Law, , are especially experienced in dealing auto accident cases in Dallas and Ellis County in Texas. We understand the priorities following a car accident. We have extensive experience with car accidents and will help you decide the viability of the case and the best way to proceed with it. Our auto accidents attorneys will work with you, the medical providers and the insurance companies to collect the documentation and evidence needed to pursue a case in your favor.
What To Do After A Car Accident
Even if you believe that you are safe, take these precautions. Severe injuries can surface days or even weeks after the incident. If you can’t move instantly, call a loved one to do these steps for you or ask for assistance from somebody at the scene.
- Call for help: Report the event right away. Give all the details to the 911 dispatcher. When the police reach the scene, narrate it to them and describe your injuries. Neither talk about nor blame anyone for the accident except to the police.
- Take Pictures of the Scene of the Accident: Click pictures (and record video clips) of the scene of the accident and the vehicles involved in the accident, using your cellphone. Take photos from various angles and also take photos of the interior of your vehicle. Take pictures of your injuries.
- Gather Information: Gather information like insurance, license plate, contact info and driver’s license of everyone involved in the car accident. Collect names and contact information of any spectators. Also, check whether you have uninsured motorist coverage (UM), under-insured motorist coverage (UIM) or personal injury protection (PIP).
- Seek Medical Care: Even if you think that your injuries and wounds are not dangerous, seek medical care at once. This is required, because Emergency Medical Treatment, ER and doctor’s books will be asked by insurance firms and wanted in auto accident lawsuits. Be sure to follow up on any discharge advice you are given. Failure to do so can jeopardize your case. Save all receipts and bills.
Dealing With Insurance Companies After a Car Accident
Insurance companies will always look out for their own interests. That’s why it’s important to have an experienced auto accident attorney on your side. Furthermore, insurance companies will generally seek to obtain the lowest possible settlement, so be sure to consult with a car accident lawyer to learn your rights.
The Law Pertaining to Car Accidents
In most cases involving a car accident, the person who has endured the injury typically depends on the conception of “neglect” to base the fault of another person or company. The fundamental elements to establish negligence are as follows:
1) Obligation of duty by accused to complainant;
2) Infraction of that duty;
3) Perpetration of the plaintiff’s damages by defendant’s breach; and
To demonstrate financial obligation based on neglectfulness, a complainant should prove without doubt that the accused did something that a commonly responsible person practicing reasonable care wouldn’t have performed in the given contexts, or that the accused couldn’t do what an ordinarily careful person exercising reasonable care would have done.
Duty of Care in Car Accidents
For a petitioner, establishing a breach of care involves depicting that, activities done or not done by the accused couldn’t meet the reasonable level of care under the situations. A motor vehicle driver has an obligation to control his or her vehicle with due care all the time, which means considering elements like traffic conditions, visibility and weather.
Establishing Fault in Car Accidents
When the obligation of care is demonstrated, the petitioner’s job is to demonstrate precisely how the accused breached (or “violated”) that measure of care. For eg, fault can be based by:
1) Proving that the accused breached a traffic law (a report by a police officer may contain the findings);
2) By the testimonial of spectator to the incident;
3) By the petitioner’s own testimonial as to what came about; or
4) By analyzing proof at the scene of the accident.
The final step in demonstrating negligence is to establish how the complainant was injured by the accused’s action (or inaction). This is generally shown by your medical records along with evidence relating to loss of earning capacity, mental anguish, pain and suffering and other damages that are applicable to your situation.