How Can a Car Accident Attorney in El Paso, TX Help You Navigate Texas Car Accident Laws?

There are two basic ways in which a car accident lawyer helps you regarding the laws surrounding car wrecks: keeping you apprised of the laws and their interpretation, and defending your rights under them.

Helping You Understand the Law

The first way your lawyer helps you is by informing you of the laws, as well as helping you understand how the courts interpret these laws in situations similar to yours. Take, for example, Texas' modified comparative negligence rule. This rule could affect your case in many ways. The rule allows anyone who is 50% or less at fault for the accident to recover some compensation. Anyone who is 51% or more at fault cannot recover any damages. Furthermore, your total damages will be reduced by the same amount as your liability for the accident. In this situation, every percentage point of fault counts, so you will need to understand how the law in this regard will be applied to the specifics of your car accident case.

Court Interpretation and Precedent

The written laws are designed to be clear, but it's impossible to ever write a law or precedent so clearly that there's absolutely no room for interpretation. To do that, the law codes would have to be so extensive no one could ever learn them, because they would have to cover every single nuance that could ever happen! So while the laws give clear direction and guidelines, at least to some degree, the courts have to interpret these laws as they apply to specific scenarios. Sometimes things are completely black-and-white, but often there's nuance.Learning how courts interpret these laws in different scenarios is a significant part of any legal practice. Your lawyer will guide you through how judges in Texas have interpreted similar cases in the past. They'll look at court decisions that set precedents, for example, which can influence the outcome of your case and may inform the specific strategy that you use for your claim.

Why It Matters

Understanding both the law and its judicial interpretation will be helpful to your claim for several reasons. First, knowing how laws are typically applied gives you and your lawyer a strategic advantage in negotiations or in court. You'll be better prepared to argue your case or settle out of court. It will also make legal compliance easier: your attorney will make sure you comply with all procedural requirements, like filing your claim within the statute of limitations (which in Texas is generally two years from the date of the accident). When you do everything by the book, you make a better impression on the court and prevent the kind of procedural hurdles that can delay or complicate your case (or sometimes derail it entirely).By explaining potential outcomes based on past cases, your lawyer also helps you manage your expectations. When you know what to expect and have a good idea of how the process goes, you're just going to experience less stress and uncertainty overall. And finally, when you're working with a lawyer who has a deep understanding not only of the law but of the nuance of it and its interpretation, you're working with the best person not just for winning your case but for maximizing your compensation along the way.

Protecting Your Rights

The second way that a car accident attorney will help you in relation to the law is by protecting your rights. In fact, this is one of the main roles your attorney plays. No one else is going to keep you informed of your rights: that is not the job of the courts, and you can also assume that the insurance company responsible to cover your damages is not interested in you understanding everything that you are owed. Here's how your attorney will help you:

Dealing with Insurance Companies

An insurance company is a business, and as a business, one of its main goals is to make money. The more money they pay out, the worse it is for them, so they are highly incentivized to minimize your compensation as much as possible. However, there are limits to what they can do.They are bound by the contract (i.e. policy) that covers the driver who hit you. They are also bound by some specific Texas laws, and if they break these laws, you can take action against them. One of the most important things your lawyer will do for you is advocate for you and make sure that the insurance company and its adjusters don't take advantage of your lack of legal expertise.

Preventing Self-Incrimination

Without legal help, you might inadvertently say or do something that could be used against you. If you do, the insurance company may be able to throw more fault onto you than you actually deserve, which would result in you receiving less compensation. One of the things your lawyer will do is help you to understand what to say, and especially when you're dealing with representatives of the insurance company or making an official statement.

Ensuring a Fair Investigation

You have the right to expect the accident to be fairly investigated, so one of the things your lawyer can do is conduct an independent investigation, gathering evidence and interviewing witnesses and consulting with experts, so there's "another side to the story" if the insurance company tries to claim that the evidence shows they're not responsible. The insurance company will do their own investigation, of course, but again, they are incentivized to find evidence that lowers the liability of their client.

Representing You in Court

If your case goes to court, your attorney represents you here so that your case will be argued effectively, and you have someone to stand up against the legal team that the insurance company brings. If the insurance company acts in bad faith, your lawyer can also bring a case against the other driver to pressure them to bring a claim for bad faith against the insurance company that is supposed to be covering them.

Keeping You On Track With Legal Deadlines

There are many deadlines that you need to bear in mind. You have to file a claim within a certain amount of time, and if you need to go to court, you will need to fill out a lot of paperwork and make sure it's submitted to the right courts within the time and according to all procedural rules. It's a lot to keep track of, but your lawyer will make sure nothing falls through the cracks.If you've been in an accident, contact Cesar Ornelas Injury Law in El Paso, TX for help throughout Texas and New Mexico. We also serve clients in Georgia and California.