Car accidents are a frequent occurrence in Tyler and can leave victims with significant losses. When another driver’s negligence causes an accident, you can recover compensation from the at-fault driver who carelessly caused your injuries.
If you are involved in a car accident, there are several steps you can take to recover damages. For many car accident victims, insurance will not be the only path to compensation. In most cases, the victim can file a lawsuit against the at-fault driver to get justice for the harm they have suffered. Our team is here to help you navigate this process and fight to protect your rights until your case has concluded.
For your free case review with our car accident attorneys, contact The Queenan Law Firm, P.C. at (817) 476-1797.
Common Car Accident Injuries People Suffer in Tyler, TX
Car accidents can result in a wide range of injuries, each with its own set of medical, financial, and legal implications. If you have been injured in a Tyler car accident, our knowledgeable car accident attorneys can help protect your rights and fight for the compensation you deserve. The following are common injuries individuals suffer in Tyler car accidents:
Head and Brain Injuries
Head and brain injuries are among the most severe outcomes of car accidents. They can range from minor concussions to traumatic brain injuries (TBIs). The force of impact during a collision can cause the head to jerk violently or strike against hard objects like the steering wheel or window, leading to these injuries.
Symptoms might not be apparent immediately following the accident but can manifest over time. They might include headaches, nausea, memory issues, and changes in personality or behavior. Thus, it is essential to seek immediate medical attention after an accident, even if you feel fine initially, to diagnose and treat any potential brain injuries.
Neck and Back Injuries
Neck and back injuries, including whiplash, are also common in car accidents. Whiplash happens when the neck snaps quickly back and forth, causing damage to the soft tissues in the neck and upper back. Symptoms can include pain, stiffness, loss of range of motion, and sometimes even cognitive issues like memory loss or concentration problems.
More serious back injuries, such as herniated discs or spinal cord damage, can have life-altering consequences. These injuries can lead to chronic pain, limited mobility, or even paralysis, which your compensation should account for.
Chest and Abdominal Injuries
Chest and abdominal injuries are common in car accidents, primarily because of the force exerted by seat belts during a collision. While seat belts undoubtedly save lives, they can also cause injuries like bruising, broken ribs, and internal injuries. Internal bleeding or damage to organs can be life-threatening and requires immediate medical attention.
Limb Injuries
Injuries to the arms, legs, hands, and feet are frequent in car accidents. These can range from minor cuts and bruises to severe fractures, dislocations, and even amputations in the most serious accidents.
Such injuries often require surgery, physical therapy, and potentially long-term care. Consequently, they can result in significant medical expenses and lost wages because of time off work.
Psychological Injuries
The psychological impact of a car accident is often overlooked but can be just as debilitating as physical injuries. Victims might suffer from post-traumatic stress disorder (PTSD), anxiety, depression, or other mental health issues following an accident.
Psychological injuries can affect every aspect of a victim’s life, from their ability to work to their relationships with others. Therefore, compensation for these injuries should also be factored into any legal claims arising from your car accident.
Proving a Car Accident Lawsuit in Tyler, TX
Proving a car accident lawsuit in Tyler involves several steps and can be notoriously complex. By understanding what will be required to prove your case, you can increase your chances of a successful outcome.
At-Fault Rules
If you are involved in a car accident in Tyler, it is important to know that Texas follows a “fault” system for car accidents. This means that the person who is deemed to be at fault for the accident is responsible for any harm or damage that resulted from the accident.
Under Texas law, there are several options available to victims of car accidents. First, they can file a claim with their own insurance company if their policy covers the loss. Alternatively, they can also file a third-party claim directly with the at-fault driver’s insurance company. Lastly, victims can file a personal injury lawsuit in civil court to seek compensation for damages resulting from the accident.
Each of these options has its own advantages and disadvantages, and the course of action that is best for you will depend on the specific circumstances of your case.
Proving Negligence
To succeed in a car accident lawsuit, you must prove that the other driver was negligent. In legal terms, negligence involves four elements: duty, breach, causation, and damages.
First, every driver has a legal duty to drive safely and follow traffic laws to avoid causing harm to others. Second, you must demonstrate that the other driver breached this duty. This could mean they were speeding, driving recklessly, or otherwise violating traffic laws.
Third, you must establish causation, meaning you need to show that the other driver’s actions directly caused the accident. Lastly, you must prove that you suffered damages as a result of the accident. Damages can include medical expenses, lost wages, property damage, and pain and suffering.
Gathering Evidence
Gathering strong evidence is crucial in proving a car accident lawsuit. This can include photographs of the accident scene, damage to your vehicle, and any visible injuries. Witness statements can also be valuable in supporting your claim.
Police reports are another vital piece of evidence. If law enforcement responded to the accident, they would have compiled a report detailing their observations and any citations issued. Medical records are also essential to prove the extent of your injuries and connect them to the accident.
Dealing with Insurance Companies
Dealing with insurance companies can be challenging. They often attempt to minimize payouts by disputing the severity of your injuries or arguing that you were partially at fault for the accident. It is important to remember that insurance companies are not on your side. They are for-profit entities whose primary goal is to protect their bottom line.
Having an experienced car accident attorney on your side can make a significant difference in these negotiations. They can help protect your rights and receive the compensation you deserve.
Our Tyler, TX Car Accident Lawyers Can Help
Call The Queenan Law Firm, P.C. at (817) 476-1797 to speak with our car accident lawyers and get your free case evaluation today.