Proving reckless driving in wrongful death claims can be very challenging. The defendants often employ common defenses to counter your allegations.
The aftermath of a car accident, especially one that results in someone’s death, can cause immense emotional and mental distress. In Texas, the families of the deceased party do not have to deal with their emotional injuries but navigate confusing and lengthy insurance claims at the same time. The task of pursuing compensation and justice is a challenging one.
Under Texas law, reckless driving is defined as operating a vehicle with willful disregard for the safety of others. This can include behaviors such as excessive speeding, aggressive maneuvers, and driving under the influence. In order to recover compensation, the family members of the deceased are required to prove the other party’s reckless driving.
The legal process in Texas is already a complex one, with deadlines and tons of paperwork to file. On top of that, negotiating with insurance companies can be a huge burden. To get peace of mind and lift some burden off your shoulders, consult with a Katy wrongful death lawyer immediately. Meanwhile, read this blog to know how you can prove reckless driving.
What is reckless driving in Texas?
Texas law defines reckless driving as when the driver operates the vehicle without caring for the safety of others on the road. It is the duty of the driver to make sure that he drives cautiously and does not put anyone’s life at risk on the road.
Several actions can be classified as reckless driving, such as:
- Excessive speeding: Drivers who drive above the posted speed limit
- Tailgating: This means following a vehicle too closely. This can reduce the reaction time and lead to accidents
- Road rage: Showing aggressive driving
- Disregarding traffic signals: Running red lights or stop signs.
Important evidence to prove reckless driving
- Accident reconstruction reports.
Accident reconstruction reports are made by accident experts. These reports can be powerful evidence for your case. These experts often use supercomputers and physics and engineering principles to analyze the vehicle damage and understand the sequence that led to the accident.
By examining factors such as impact angles, speeds, and the actions of all involved drivers, they can determine if a driver engaged in reckless behavior, such as overspeeding or breaking the red light.
- Circumstantial evidence.
Circumstantial evidence can also support a reckless driving case. It is important to know that this type of evidence does not directly prove reckless behavior; however, it can suggest it indirectly, such as a driver’s history of accidents.
For example, if a driver’s prior driving record reveals a pattern of reckless behavior, such as multiple speeding tickets or accidents, it can be helpful to your claim.
Additionally, social media posts that suggest the reckless driving of the driver involved can also be supporting evidence. This information adds to the main evidence and makes your case stronger.
Legal challenges in proving reckless driving in wrongful death claims
Proving reckless driving in wrongful death claims can be very challenging. The defendants often employ common defenses to counter your allegations. The most common thing they do is disagree with the evidence. They might say that the evidence is obtained through illegal means or is invalid.
They might question the expert reports and testimony and argue they are misinterpreted. For example, they might argue that the speed calculations were wrong or that the witnesses are not telling the truth or are biased. There can be numerous challenges.
They might argue that the driver’s action did not directly result in the accident. They might put the blame on poor weather or road conditions and say that the other driver also acted negligently. Additionally, the defendant can use the defense of comparative negligence, which can reduce your compensation award.
Get help with gathering evidence
If you want to file a claim against the at-fault part, you are going to need help in gathering evidence. Hire an attorney today!
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