Personal Injury Claims: How to Prove Liability in a Galveston Car Accident

Car accidents can be stressful and confusing, especially if you are involved in a collision where you were not at fault. When you are injured in a car accident in Galveston, proving liability is essential to your personal injury claim. Liability refers to who is legally responsible for the accident and the resulting damages, including your injuries. In Texas, proving who is at fault for the crash is necessary for you to receive compensation for your medical bills, lost wages, pain and suffering, and other related expenses.

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Proving liability in a Galveston car accident involves several steps and requires gathering critical evidence. It’s important to understand the legal process and how the courts and insurance companies assess fault in car accidents. This guide will provide you with valuable insights on how to prove liability and increase your chances of a successful personal injury claim.

How Evidence Plays a Role in Proving Liability

The first step in proving liability in a car accident is collecting evidence from the scene of the crash. This is the most important task immediately following the accident, as it can make or break your case. The more evidence you can gather, the stronger your claim will be. One of the most important things to do is to document the accident scene thoroughly. If possible, take clear photographs of the following:

• The damage to all vehicles involved in the accident
• The position of the vehicles on the road
• Any skid marks, traffic signs, or road conditions that may have contributed to the accident
• Visible injuries you sustained from the crash

In addition to photographs, you should also try to get witness statements. If there were any witnesses to the accident, ask for their contact information and take down a brief account of what they saw. Witness testimonies can be crucial in proving who was at fault for the accident. Another important piece of evidence is the police report. When law enforcement officers arrive at the scene of the accident, they will write a report detailing their findings, which will include statements from the drivers involved, any witnesses, and the officer’s own observations. In some cases, the police report may also contain an initial determination of fault. However, it’s important to understand that this is not always the final word on who is liable for the crash.

The Zendeh Del & Associates, PLLC Team

Jonathan Zendeh Del

Trial Attorney

Gabe Perez

Trial Attorney

Carolyn Zendeh Del

Certified Mediator, Attorney

Chase Waterwall

Trial Attorney

Dorothy Porretto

Office Manager, Paralegal

Pedro Ruiz

Judge

Zaira Banda

Legal Assistant

Colleen Herndon

Legal Assistant

The Importance of the Police Report

The police report is a valuable piece of evidence that you should request as soon as possible after the accident. In Texas, the police are generally called to the scene of serious accidents, especially if there are injuries or significant property damage. The report will contain important details such as:

• A description of the accident and the conditions at the time
• Any statements made by the drivers involved
• The officer’s preliminary assessment of the crash

Though the police report is helpful, it may not always be conclusive. The report might indicate that one driver is at fault, but in some cases, further investigation may reveal that both parties share some responsibility for the crash. In Galveston, where local roads and traffic patterns can sometimes be tricky, the police report will provide an initial framework, but it is essential to gather additional evidence to support your claim.

Understanding the Role of Expert Analysis

Sometimes proving liability is not straightforward. In some cases, liability may be disputed, or the evidence may not be clear. This is where expert analysis comes in. Accident reconstruction specialists are professionals who can examine the physical evidence from the crash site, such as the location of the vehicles and the extent of the damage, to determine how the accident occurred and who was responsible. Experts can also testify about specific aspects of the accident, such as the speed of the vehicles at the time of the crash, whether the roads were slick, or if traffic signals played a role. This kind of analysis can be particularly helpful in complex cases where the fault is not immediately obvious. If you’re unable to gather enough evidence on your own, working with experts can make a significant difference in the outcome of your case.

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These guys are amazing. They made a most horrific experience bearable. They treated me with respect and no judgment. I cannot describe how grateful I am for their representation with my case. 5 stars is not enough. I hope I never need them again but would ABSOLUTELY use them again and definitely recommend them.

— Jennifer S.

Jonathan Zendeh Del and Associates worked tirelessly on my case. They kept me informed every step of the way. In the end the got my case dismissed and I am so grateful that we out our trust in his law firm. I can honestly say the rumors were true. He really is the best.

— Kristin F.

The Texas Comparative Fault System

Texas operates under a comparative fault system, which means that even if you are partially at fault for the accident, you may still be able to recover compensation. However, your compensation will be reduced based on the percentage of fault you are found to have in the crash. For example, if you are determined to be 20% at fault, your compensation would be reduced by 20%. It’s important to understand how the law evaluates fault, as insurance companies often try to assign some level of fault to both parties involved in an accident. In Galveston, where both local and tourist traffic can lead to complicated accident scenarios, comparative fault plays a significant role in personal injury claims. Even if you believe that another driver caused the accident, the insurance company might argue that your actions contributed to the crash. This is why it’s essential to present a strong case with solid evidence and expert testimony, especially if there is any chance of shared responsibility.  

Case Results

$11,820,000

WARN ACT
SETTLEMENT

Reached a settlement of $11,820,000

$11,820,000

WARN ACT CASE
SETTLEMENT

Employees fired when not given proper notice

Not Guilty

DRUG JURY TRIAL

Client was a dentist caught with 12 grams of methamphetamine. 

Case Dismissed

DRAM SHOP CASE

Death of a person who was run over by a drunk person who left a party.

$2,500,000

CAR ACCIDENT

Confidential settlement of $2,500,000

$4,500,000

DRAM SHOP CASE

Death of a person who was run over by a drunk person who left a party

Not Guilty

DWI JURY TRIAL

Client was asleep on the side of the road with the car on. Breath was .248

Case Dismissed

STATE OF TEXAS v. C.S.

Wrecked motorcycle while leaving the beach, an officer witnessed the accident and assumed he was intoxicated

Insurance Companies and Liability Determination

Insurance companies are often involved in the process of determining liability after a car accident. The insurance company of the at-fault driver will typically be responsible for compensating the injured party, but the process is rarely simple. Insurance companies are for-profit businesses, and they may attempt to minimize the amount they have to pay out by arguing that you were partially or fully at fault for the crash. It is important to keep in mind that insurance companies will conduct their own investigations, and their determination of liability may differ from the one made by law enforcement or an expert witness. If you find that the insurance company is disputing liability, it’s advisable to contact a personal injury lawyer to protect your rights and ensure you receive fair compensation.

Working with a Personal Injury Lawyer

Proving liability in a car accident case is complex, and having the right legal representation can make a significant difference in the outcome of your claim. A skilled personal injury attorney can help you navigate the legal process, gather the necessary evidence, and advocate on your behalf to ensure you are compensated for your injuries. Zendeh Del & Associates PLLC has extensive experience in handling car accident cases in Galveston, and we are dedicated to helping victims of car accidents receive the compensation they deserve. If you have been involved in a car crash and need help proving liability, contact us today for a free consultation. We will work with you every step of the way to ensure your rights are protected.

To learn more about this subject click here: The First Steps to Take After a Personal Injury Accident in Texas