Fatal Car Crash on MLK
Police investigators provided very few details about a deadly wreck that involved a teenager in southeast Houston.
According to officials, a driver, identified as a teenager, was traveling northbound on MLK in a white SUV when they collided with a gray vehicle heading westbound on Willow Glen. The driver of the gray vehicle died at the scene. Police said the teen stayed on scene and cooperated with officials, and although the teen was checked for impairment, they don’t believe it was a factor.
Furthermore, according to police, the fault of the accident may have fallen on the driver in the gray vehicle.
Fault vs. Liability
No matter how much evidence is available at the scene, even if it’s practically nothing, insurance investigators usually assign fault to their non-insured driver.
Such a fault determination is like a referee ruling on a sideline catch from across the football field. A determined Sugar Land car accident lawyer, who’s basically a replay referee, can easily reverse this determination in court.
Additionally, a fault determination relies exclusively on the initial facts. A liability determination, which is the only determination that matters, relies on all evidence, as outlined below, along with applicable legal theories.
Contributory negligence is a good example. If both drivers were partially at fault, the jury must apportion responsibility on a percentage basis. If the victim was less than 49 percent responsible for the wreck, the tortfeasor (negligent driver) is responsible for a proportionate share of damages.
These damages normally include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
The tortfeasor isn’t always financially responsible for these damages. For example, the teen in this case most likely didn’t legally own the vehicle s/he was driving. If that’s the case, the vehicle’s owner might be responsible for damages, under the negligent entrustment theory.
Other legal theories, such as sudden emergency and last clear chance, might apply as well. So, unless a Missouri City personal injury lawyer reviews a case, there’s simply no way to tell how much compensation you might be entitled to.
Subsequent Evidence in Car Crash Claims
The call-changing evidence in a car crash claim often includes information from the vehicle’s Event Data Recorder, along with supplemental witness statements.
Police officers rarely dig deep and uncover this evidence. Most police officers believe that car crashes are civil matters that don’t matter very much, except to insurance companies.
An EDR is basically a vehicle’s black box flight data recorder. Depending on the make and model, the EDR generally measures and records operational data like:
- Engine RPM,
- Brake application,
- Vehicle speed, and
- Steering angle.
These items might seem like random bits of proof. But a skilled attorney knows how to put these pieces of evidence together, like the pieces of a jigsaw puzzle.
Attorneys must act decisively and quickly to preserve this important proof. Texas has very strong vehicle information privacy laws, which a lawyer must work to overcome. Furthermore, unless the court, at the request of a lawyer, commands the insurance company to preserve the EDR, the insurance company often “accidentally” destroys it.
Witness statements may be initially unavailable, especially following an overnight or freeway collision. However, in almost all cases, someone saw something. Attorneys, usually working with private investigators, locate these individuals, so they can share their stories with the court.
Rely on a Savvy Fort Bend County Attorney
Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury attorney in Missouri City, contact the Henrietta Ezeoke Law Firm. Attorneys can connect victims with doctors, even if they have no insurance or money.