Court of law feature photo

Court, Personal Injury

How Lawyers Prove Driver Negligence in Court

Posted by: Kemmy Law Firm

Personal injury cases can get complicated fast after a car accident. Showing an insurance company that you’re owed compensation is hard enough and usually involves considerable negotiation. But things get more challenging if the insurance company disputes liability.

While most car accidents settle without a trial, your attorney must prove that the other driver was negligent if your case goes to court. This can seem straightforward, but the legal burden is on your legal team. You’ll want an experienced team of local personal injury lawyers with a record of success in the courtroom.

With offices in San Antonio, Texas; Odessa, Texas; and Hobbs, New Mexico, The Kemmy Law Firm has everything you need. Our family of trial-ready attorneys is happy to discuss your case and how you can prove negligence to recover max compensation.

Call (210) 750-1019 for a 100% free consultation. There’s no cost unless you win.

What Is Negligence?

Negligence is the failure to take proper care. Generally, a person is negligent in a car accident if they don’t drive carefully. They may also be negligent if they don’t follow the rules of the road or violate the law.

Laws That Apply To Texas & New Mexico Drivers

In Texas, laws that drivers should follow can be found in the Texas Driver Handbook. Potential drivers must learn the information in this handbook before they can get a driver’s license. If these laws are violated, the driver may be found to be negligent.

New Mexico’s Motor Vehicle Driver’s Handbook details laws that drivers should follow in the state. Although most states have similar laws, it’s essential to read the driver handbook in the state where you get a license to avoid violation of a law unintentionally.

Proving Driver Negligence in Court

If you’re injured in a car accident, your attorney will need to prove that the other driver was negligent. This allows you to hold their insurance company financially liable so you can get compensation for your losses.

Your injury lawyer may use various strategies to prove negligence after a car accident. Some of these methods are:

  • Find witnesses who can testify that a law was broken
  • Use an accident reconstructionist to determine what happened
  • Review the scene of the accident to find physical evidence
  • Look at the police report to see who was at fault
  • Review legal records to determine if anyone got a ticket for violating a law
  • Investigate driver history to see if they were adequately trained and licensed

Kemmy Law Firm will leave no stone unturned in their investigation.

How Kemmy Law Firm Helps You Prove Negligence

Proving negligence in Texas or New Mexico requires understanding of the law and knowledge of what happened. Kemmy Law Firm has helped hundreds of victims like you who deserve compensation.

We start by listening to you. We believe you and will compassionately help you get the help you need. We understand that you may need more than help with an insurance claim. We have worked with many medical providers and resources in Texas, New Mexico, and the Permian Basin.

Once we know what happened, we will compare the actions of the other driver with the law. We will determine if they violated any statutes. If they did, we would outline exactly how that makes them negligent.

Usually, the insurance company will listen to our statement of negligence. However, they may deny that their insured is negligent and blame you. But, we can fight back. Don’t let them take advantage of you. Kemmy Law Firm has a powerful team of attorneys who will protect your rights.

Call Kemmy Law Firm Today

Even if you think the fault is clear cut after your accident, negligence is not easy to prove. But with a team of attorneys like those at Kemmy Law Firm, we can make a successful insurance claim.

Call us today at (210) 750-1019 or use our online contact form today. There’s no risk because initial consultations are always free, and there’s no cost unless you win compensation.

Recent Posts:

Can Oilfield Accidents Cause PTSD?

Is Workers’ Compensation Your Only Option after an Oilfield Injury?

Do You Need to File a Police Report after a Truck Accident in Texas?

Contact Kemmy Law Firm Today

(844) 334-4388 ONLINE FORM

Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.

When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.