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If you are familiar with El Paso’s roads, you already know that there are many negligent drivers behind the wheel. Sometimes, it seems like you are taking your life into your own hands when you drive your car down to the grocery store, your local elementary school, or your workplace. The truth is that you are taking your life into your own hands when you drive in El Paso, and a string of shocking car accidents show us that negligent drivers are all too common in this city. Because Texas is a “tort state,” proving negligence is necessary if you want to receive compensation for your injuries. But how exactly do you do this? Perhaps more importantly, when is negligence so obvious that proving its existence is not even necessary?
Why Drivers are Getting Out of Control in El Paso?
As many are no doubt aware, the holiday season is the most dangerous time of the year to be on the road. This is, unfortunately, a lesson that many innocent motorists have discovered the hard way this year in El Paso. Within the past few weeks alone, there have been countless accidents caused by clear, obvious negligence. As you will see, negligence can take many forms on the road:
One of the most obvious forms of negligence is a hit-and-run. This is one of the most universally despised crimes in our society, as it shows that guilty parties are more concerned with escaping legal consequences than helping injured victims in need. On November 6, it was reported that a driver had struck a cyclist on I-10 before fleeing the scene. Unfortunately, the report seems to indicate that the cyclist lost their life in the crash. This was only one of three people who lost their lives in El Paso during a single night. On December of 13th, an almost identical incident was reported in El Paso, with a cyclist losing their life after being struck by a motorist. Once again, the driver involved in the crash chose to flee the scene before first responders arrived.
It is important to remember that anyone can be guilty of negligence on the road – even the person driving in the same car as you. On December 22nd, it was reported that an El Paso resident had been charged with intoxicated manslaughter after a crash that killed a female passenger in his vehicle. While traveling along the I-10 at 3 AM, the driver lost control of the vehicle and struck a guardrail before rolling over. Next, the female passenger was ejected from the vehicle and lost her life in the process. The driver suffered life-threatening injuries but survived thanks to medical treatment provided by first responders and a nearby hospital.
Why Proving Obvious Negligence is Easy?
The good news is that if your crash was caused by obvious negligence, establishing liability should be relatively easy. One thing to keep in mind is that you can still sue even if you were partly responsible for your own injuries. For example, you might have been speeding at the time of your crash, and this will not necessarily prevent you from taking legal action and receiving compensation for your injuries.
However, you need to compare your own fault to that of other drivers involved in the crash. You might have been speeding, but the other driver may have been texting while running a red light after drinking heavily. In this situation, a court might determine that you are 15% to blame, while the other driver should shoulder 85% of the blame for the crash. As a result, you would receive 85% of your total settlement in this hypothetical scenario.
But if the court finds that you are more than 50% to blame for the accident, you cannot receive any compensation whatsoever. This is known as a “modified comparative negligence” system. Get in touch with a legal professional, and it becomes easier to prove that you were less than 50% to blame for the crash – allowing you to receive compensation.
Where Can I Find a Qualified Personal Injury Attorney in El Paso?
If you have been searching for a qualified, experienced personal injury attorney in El Paso, look no further than Ruhmann Law Group. Over the years, we have helped numerous injured plaintiffs in the Lone Star State, and we can guide you toward a positive legal outcome as you seek justice. Car accidents are all too common in El Paso and throughout Texas, and many drivers are simply out of control. Book your consultation today, and you can discuss legal strategies to hold negligent drivers accountable. Remember, internet research can only get you so far, so reach out now to get started.