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New Braunfels car crash attorneyIf you are injured in a car accident, your chances of recovering compensation depend on your ability to demonstrate that another party was negligent. In order to receive the largest possible settlement or verdict, you may also need to demonstrate that you were not partially at fault. Doing so requires that you have strong evidence to support your claim, and one of the strongest forms of evidence is video footage of the crash.

Video footage may not exist for every accident, but it is available more often than you might expect. The question is, how can you find it in order to use it in your case? It can be difficult to obtain video evidence on your own, but an experienced personal injury attorney can make it much easier.

What Kind of Video Evidence May Be Available?

Depending on where the accident happens and who is around to witness it, video footage of the crash may be available from a variety of sources. Some of the most common include:

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TX accident lawyerOne recent morning saw a two-vehicle crash on FM 973, where a Dodge RAM suddenly crossed the center line and struck a Ford F150 head-on. The driver of the F150 was pronounced dead at the scene, and while the RAM driver sustained non-life-threatening injuries, law enforcement has not yet stated whether or not any charges would be filed against him. If you have been in this type of head-on collision, you may be able to file a lawsuit against the other driver, if you believe that their negligence was the prime mover in the harm you suffered.

Infrequent But Serious

The Insurance Information Institute estimates that in their most recent available data, head-on collisions made up approximately 10 percent of all fatal crashes. However, fatality rates have been shown to be higher, for a variety of reasons. This is especially true for accidents in which one vehicle is significantly larger than the other - for example, a large pickup truck versus a small car. The FM 973 accident had two vehicles of roughly similar sizes involved, but the force that results can nonetheless be lethal.

Head-on collisions are statistically more likely to cause injury to those in the front seat, as one might imagine. Even while wearing a seatbelt, drivers and front-seat passengers have higher death rates, as well as higher rates of non-fatal injury such as whiplash, broken bones, and traumatic brain injuries. If you are injured in this type of crash, you can, as a general rule, expect high medical bills and extensive repairs to your vehicle, and if someone else’s negligence caused your injuries, you have the right to hold them accountable.

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b2ap3_thumbnail_police-chase_20191102-035656_1.jpgRecently, the Texas Department of Public Safety (DPS) personnel attempted a traffic stop, only to have the vehicle try to flee the scene. The pursuit was ended at Rullman and Edgers Avenues, and not long after, the fleeing driver was involved in a wreck at I-35 and North New Braunfels Road. Two people were taken into custody after the accident, though no major injuries were recorded. If you are involved in an accident stemming from a police pursuit, you should be aware that seeking compensation after this kind of crash can be slightly more complex than doing so in a standard vehicle accident.

Who Is Negligent?

In a normal auto accident, the first thing that one should ascertain is whether any of the actors involved have acted negligently. In standard crashes between two or more private vehicles, it often becomes a debate over whose behavior caused the accident. If this happens to you, you should be aware that it is often possible to bring other defendants into your case; for example, a third driver might have played a role in the accident. The object of a personal injury lawsuit is to hold defendants accountable, so ensuring that every potentially negligent actor is involved is a good idea.

If you are involved in a car accident, it is important to be aware that you may have played a role in its happening. However, this does not necessarily mean that you will be barred from any recovery in your case - Texas law requires that a plaintiff’s percentage of fault be over 50 percent in order to bar recovery, so if you are held to be, say, 20 percent at fault, your award would simply be reduced for that much. The law rationalizes that very often, situations are simply not always cut and dried, and as such, being, say, 1 or 2 percent at fault should not be sufficient to deny all recovery.

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TX wrongful death lawyerOn the night of August 14, a man was trying to cross I-37 N between Cesar Chavez Boulevard and Florida Street when he was struck by a 2012 Kia Optima. Afterward, he was then struck by more vehicles in quick succession and later pronounced dead at the scene. While law enforcement currently do not anticipate charges being filed in the man’s death, it is still possible that his family may choose to file wrongful death charges in civil court. If you have been unfortunate enough to lose a loved one in a traffic accident, this may be an option for you and your family to try and recover some of the expenses incurred.

Establishing Negligence

Everyone passes away eventually, but if you lose a loved one suddenly, it can be devastating. Losing someone due to another person’s recklessness or negligence is something that no one should have to deal with. A wrongful death claim in Texas hinges around establishing that your loved one’s passing would not have occurred but for the negligence of the defendant, and that had they lived, they would have had cause to bring their own lawsuit against the defendant for the injuries they incurred.

For example, if one looks at the I-37 N accident, it can be argued that the man’s family could bring a wrongful death suit against the driver of the Optima because had the Optima not struck him, the man might have lived. Also, had the man survived being struck by the Optima, he would conceivably have been able to sue the driver for his injuries. This does not necessarily mean that the suit would automatically be successful - but the factors would all be present that would allow either the man or his family to sue.

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The sooner you call, the sooner we can build your case, secure evidence and get maximum compensation for your injuries.

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