I have been a Houston car accident lawyer for nearly 30 years. By far, the most common type of personal injury case involves a car accident. In 2015 there were 405,501 car crashes in Texas. In Houston alone, there is an average of 181 traffic accidents per day. That is a staggering amount of car accidents.
In 2015 there were no deathless days on Texas roads. Sadly, 29% of traffic deaths involve alcohol. Most of us have been involved in a traffic accident at one time in our lives.
So, what do you have to do to win a car accident personal injury case?
If the police come to the scene of the accident it all starts with getting a copy of the crash report from the police department that investigated the crash. You can get a copy for usually $6 or a certified copy for $8. The investigating officer will usually include in their report a section called Factors Contributing to the Accident. Here they will list what factors contributed and may have contributed to the accident and which driver was found, in the officer’s opinion, to be at fault for the accident. Both Houston personal injury lawyers and the insurance companies that represent the at-fault driver rely on the police report to determine which driver was responsible for the accident.
Many times the police officer’s video-taped deposition will be taken so it can be played to the jury when the case comes to trial. The other way is to have the police officer appear live at trial by a subpoena
Another way to prove negligence is through eye-witness testimony. For instance if another driver saw the at-fault driver running the red light or failing to yield the right-of-way. Sometimes the whole accident is caught on a dash cam video. This would be the best evidence because like they say “a picture is worth a thousand words…but a video is better”