A car accident in any location can be seriously damaging, but accidents on the highway tend to lead to more destruction than those that occur on smaller residential roads and country roads. Vehicles travel much faster on highways, often in excess of 50 mph, which means any accidents that occur can involve multiple vehicles, rollovers, and catastrophic injuries. Texas witnessed 3,776 traffic fatalities in 2016 alone. Fifty percent of those accidents were multiple-vehicle crashes; crash data was relatively consistent between urban and rural areas.
Proving Fault for a Highway Accident
Highway accidents typically occur at high speeds, and only some highways have security cameras. It can be very difficult to prove fault for a highway accident, and a person in this situation will typically need to rely on statements from people who were present at the scene of the crash. The responding police officers will take statements from everyone involved and issue a police report for the accident. It’s vital to secure a copy of the police report if you intend to file a lawsuit for your highway accident.
Texas requires all drivers to carry liability insurance for automobile accidents, but an at-fault driver’s coverage may not be enough to cover your damages after a highway accident. Some accidents may involve multiple plaintiffs against one driver, multiple drivers against one another, or one driver against multiple defendants. Highway accidents, especially those involving multiple drivers, can easily escalate into complex legal battles with many parties.
If you intend to file a lawsuit against a negligent driver or drivers who caused your accident, your success will depend on your ability to prove negligence. This means you must prove that the defendant in your lawsuit owed you a duty of care, breached that duty of care in some way, and his or her breach led directly to your damages. You will also need to prove the extent of your damages with copies of financial statements, invoices, or any other records that prove the expense caused by the defendant’s negligence.
Damages and Compensation
After a highway accident, an injured driver may have sustained broken bones, deep cuts, traumatic brain injuries, spinal injuries, or any number of other possible injuries. The plaintiff can sue for any economic damages resulting from the accident as well as a few other types of damages:
- Medical expenses. An injured plaintiff can sue for the cost of emergency medical treatment, hospital bills, surgical bills, prescription costs, fees for rehabilitation, physical therapy, or any other expenses relating to necessary medical care after an accident.
- Lost income. If a plaintiff cannot work for an extended time after a highway accident, he or she may sue for the wages he or she would have earned in that time. If the plaintiff sustains a permanent disability and can no longer work, he or she may be able to sue for the wages he or she would have reasonably expected to earn in the future.
- Property damage. The plaintiff can recover compensation for the cost of repairing or replacing a damaged or destroyed vehicle, as well as any other personal property damaged or destroyed in the crash.
- Pain and suffering. Medical experts will testify as expert witnesses to show the jury how physically painful and emotionally traumatizing the plaintiff’s experience was and award an appropriate amount of compensation. Most states typically expect pain and suffering damages to be three times the amount of the plaintiff’s medical expenses or more in some cases.
Call Texas Highway Accident Attorney Aaron A. Herbert Today
The first step in winning your lawsuit for a highway accident is to secure reliable legal representation. The Law Firm of Aaron A. Herbert, P.C. has helped many clients all over Texas recover their damages after serious highway accidents, and we can put our experience and resources to work in your case. Call us today to schedule a free consultation with one of our attorneys. We’ll review your situation and let you know what to expect if you decide to file a lawsuit.