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At Charles J. Argento, our Houston car accident attorney knows that there are multiple definitions for the word “accident.”
According to Dictionary.com, they include:
- An undesirable or unfortunate happening that occurs unintentionally and usually results in harm, injury, damage, or loss; casualty; mishap.
- Any event that happens unexpectedly, without a deliberate plan or cause.
- A happening resulting in injury that is in no way the fault of the injured person for which compensation or indemnity is legally sought.
Although the word accident is used interchangeably and in different capacities, when it comes to personal injuries and wrongful deaths that occur during Texas vehicle collisions, most occur during preventable circumstances. This means they were not accidents at all.
Whether an accident is considered preventable affects how our attorneys pursue personal injury cases. The next step is proving fault.
What is the Difference Between Preventability and Proving Fault After a Texas Vehicle Collision?
The difference between preventability and fault must be determined to pursue a successful personal injury or wrongful death claim in Texas.
In a preventable accident, a vehicle operator failed to take all reasonable measures to prevent the accident from occurring.
This may include a driver who caused a collision because he or she was:
- Distracted.
- Impaired.
- Speeding.
- Disobeying Traffic Signs or Signals.
A party who is at fault for an accident was negligent in some way that resulted in injury to others and may be found liable for personal injury damages.
In short, preventability can help support a personal injury case, but it is far more important to establish the duty of care and negligence. The at-fault party’s insurance company is going to demand you prove — using tangible, supporting evidence — their policyholder was liable for the crash before it will even consider paying for your damages.
The insurance representative will not simply take your word for how the crash occurred, or who was at fault. This is true even when its policyholder was arrested at the scene for driving under the influence, or when a handful of witnesses saw the negligent driver run a red light.
Our car accident lawyers in Houston can help outline your case to pinpoint the preventable factors that led to the crash, and the negligent actions, or inaction, taken by the driver that caused your injuries or the loss of your loved one.
Have You Been Injured in a Crash? Contact Our Houston Auto Accident Attorney for Help Today
If you have been injured in a vehicle collision caused by negligence in Texas, contact our experienced auto accident attorney in Harris County at Charles J. Argento today to schedule a free consultation by calling 713-225-5050 or by contacting us online.
Our law firm does not get paid until we obtain a settlement or verdict for your unique case.