Intersection crashes can often be confusing, especially when it comes to determining who is at fault. In El Paso, proving fault after a major intersection crash requires careful attention to the details surrounding the incident. By collecting the right evidence, documenting the scene, and working with the right legal team, you can improve your chances of proving fault and obtaining fair compensation for your injuries. This guide outlines the essential steps to take after such an accident and what to expect from the legal process.
Understanding Fault in El Paso Intersection Crashes
When a car accident occurs at an intersection in El Paso, determining who is responsible for the crash is critical for filing a claim. Texas follows a comparative negligence system, which means that even if both drivers share responsibility, each party can still be awarded damages, but the amount may be reduced based on their level of fault. Fault is generally determined by the driver who failed to follow the traffic laws, such as running a red light, failing to yield the right of way, or failing to stop for a stop sign. In some cases, other factors such as weather conditions, road defects, and traffic light malfunctions may also contribute to the accident.
In order to prove who was at fault, the process involves gathering evidence and presenting a clear case to insurance companies, and in some cases, in court. The burden of proof lies on the individual filing the claim, and it’s essential to collect as much information as possible at the scene of the accident.
Steps to Take After an Intersection Crash
If you’ve been involved in a major intersection crash in El Paso, knowing what steps to take in the aftermath is essential for proving fault. Here’s a comprehensive guide on what you should do:
- Document the Scene Immediately
The moment you are involved in a crash, documenting the scene should be your top priority. This step is critical to proving who was at fault in the accident.
- Take Photos and Videos: Use your phone or a camera to capture detailed images of the intersection, the damage to your vehicle, and any visible road conditions. If there are traffic lights, street signs, or lane markings involved, make sure to take clear shots of these as well. Video footage is especially valuable for showing the overall context of the accident and positioning of the vehicles before, during, and after the crash.
- Note the Time and Conditions: Record the time of day, weather conditions, and any relevant traffic conditions that may have played a role in the crash. These factors can help establish the context in which the accident occurred.
- Draw a Diagram: If possible, sketch a diagram of the accident scene, noting the position of the vehicles, the traffic flow, and the location of traffic signals. This can be especially helpful in explaining the sequence of events to an attorney or insurance adjuster.
- Gather Witness Statements
Witnesses who saw the accident can be crucial in proving fault. If there were any bystanders, make sure to get their contact details, including their full names and phone numbers. Politely ask them to share what they saw, as their testimony could provide vital details, such as:
- Who had the right of way.
- Which vehicle appeared to be speeding or breaking traffic laws.
- Whether any traffic signals were malfunctioning at the time of the accident.
Witnesses can sometimes provide an unbiased perspective, which can significantly strengthen your case when insurance companies or a court review the facts.
- Obtain a Police Report
When police officers arrive at the scene of the crash, they will file an accident report that includes key information about the incident. The police report typically contains:
- The Officer’s Narrative: The officer will summarize the events of the accident based on their observations and interviews with the parties involved.
- Citations or Arrests: If the officer issued any traffic citations or made any arrests, this information will be in the report. For example, if a driver was ticketed for running a red light or driving under the influence of alcohol, it will be noted.
- Injuries and Property Damage: The officer will document the extent of the injuries sustained and any visible property damage.
It is important to obtain a copy of this report as it can serve as an essential piece of evidence in proving fault.
- Look for Traffic Camera Footage or Nearby Security Footage
In El Paso, many intersections are monitored by traffic cameras. If the crash took place at an intersection with cameras, the footage can be a valuable tool in proving fault. The video could show the exact moment of the crash, the timing of the traffic lights, and the speed of the vehicles involved.
If there are no traffic cameras at the intersection, nearby businesses or gas stations may have security cameras that captured the accident. Check with local businesses to see if they have any footage that might be relevant. This footage can provide an unbiased record of the event.
- Seek Immediate Medical Attention and Record All Injuries
Even if you don’t feel immediate pain after the accident, it’s important to see a doctor as soon as possible. Many injuries, such as whiplash or concussions, may not show symptoms immediately but can still be serious. Medical records and doctor’s reports can play an important role in proving the extent of your injuries and the need for compensation.
In Texas, the law requires that you seek medical treatment as soon as possible after an accident to maintain the validity of your claim. Make sure to keep all records, bills, and documents related to your injuries and treatment.
Enrique Chavez
Texas Trial Attorney
Protecting Your Rights
What to Expect from the Legal Process
Once you’ve gathered the necessary evidence, the next step is working with an experienced attorney to ensure that your case is properly handled. In El Paso, the legal process can be complex, but a skilled lawyer will know how to:
- Review the Evidence: Your attorney will go through all the collected evidence, including the police report, witness statements, medical records, and video footage.
- Negotiate with Insurance Companies: Insurance companies may attempt to settle your claim quickly with a lowball offer. A lawyer can help you understand whether the offer is fair and advocate for a higher settlement.
- Litigate in Court: If the case goes to court, your attorney will represent you, presenting all evidence to demonstrate that the other driver was at fault. This may include accident reconstruction experts, medical professionals, and any other witnesses who can testify to the facts.
Understanding Comparative Negligence in El Paso
Texas follows a comparative negligence rule, which means that even if you were partially responsible for the accident, you may still be able to recover damages. However, your compensation will be reduced based on the percentage of fault attributed to you.
For example, if you were found to be 30% at fault for the crash, and the total damages were $100,000, you would receive $70,000 after the 30% reduction.
Understanding how comparative negligence works is crucial when trying to maximize your compensation, especially if the other driver’s insurance company tries to argue that you share some blame.
Why You Should Hire a Lawyer
Proving fault in a major intersection crash can be complex, especially if there is a dispute over the evidence. Working with a qualified personal injury attorney in El Paso can significantly improve your chances of a successful outcome. A lawyer will help you:
- Navigate the legal process.
- Ensure that you are receiving fair compensation.
- Communicate with insurance companies on your behalf.
- Take the case to trial if necessary.
At Chavez Law Firm, we offer free consultations to discuss your case and determine the best course of action. Don’t navigate the legal system alone—let an experienced attorney advocate for you.
Proving fault after a major intersection crash in El Paso requires careful planning, detailed evidence gathering, and expert legal assistance. By following the steps outlined above—documenting the scene, gathering witness statements, obtaining police reports, and seeking medical attention—you can strengthen your case and improve your chances of securing compensation. If you’ve been involved in an intersection crash, contact Chavez Law Firm today for a free consultation and let us guide you through the process of proving fault and pursuing justice.
To learn more about this subject click here: Steps to Take After a Car Accident
– Steve Hendrix – Adriana Solis – Luis Amador – Maria Terrazas
