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After an auto accident, you may have questions about your rights and responsibilities when it comes to seeking compensation. The law protects the rights of drivers, passengers, and pedestrians injured due to someone else’s negligence, and it is up to the claimant to verify their version of events. Here is what you should know about pursuing a claim for compensation after an incident.

The Basics of Auto Accidents & the Law

What Is Auto Accident Law?

Auto accident law combines personal injury law and traffic law to establish a right of compensation and the legal requirements for proof. Personal injury law is primarily developed through state court decisions, while state legislatures create traffic laws.  

What Are the Legal Requirements for Compensation?

auto accident Texarkana TXRecovering compensation for car accident injuries requires proving four elements to establish liability and damages. Personal injury lawyers must show the person at fault had a legal duty, such as complying with traffic laws and operating their car safely; that they were negligent and failed to meet their duty; that their failure caused the accident; and that the injured person suffered money damages in some amount due to the accident.

How Do I Prove Liability & Damages?

In personal injury cases, courts apply the legal standard of “preponderance of the evidence.” This standard means it is more likely than not that the act or event in question occurred. Personal injury lawyers prove liability and damages in various ways. Eyewitness testimony, photographs, medical records, and evidence of vehicle damage and lost wages or income help them establish insurance claims and prove cases at trial.   

 

For more than 30 years, the Law Office of Hawley Holman in Texarkana, TX, has represented claimants throughout East Texas and Southwest Arkansas in auto accident cases. Backed by a strong record of successes, this dedicated and compassionate personal injury lawyer stands ready to serve you if you are injured due to someone else’s negligence. Visit the firm online now to learn more about Attorney Holman’s experience and credentials, and call (903) 792-4513 to schedule a consultation.

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