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(877) 880-4090Did you recently suffer an injury or sustain property damage in a car accident involving a police pursuit in Mesquite, Texas? If so, you likely need someone to help you get the compensation you deserve. Texas is an at-fault state, which means you are responsible for providing evidence of negligence and damages when you file a claim or lawsuit. This can be a tedious task to undertake while healing from injuries. However, with the help of a police chase car accident lawyer, you can focus on recovery while your attorney fights to hold the at-fault party accountable.
When you suffer damages from a police chase, the suspect or the police could be liable. In many cases, both are responsible. For example, if the officer struck your car or maneuvered on the road in a way that caused you to crash into something else, the suspect could still be responsible because they caused the chase.
Because the police department in Mesquite, Texas, allows officers to pursue suspects in a vehicle chase, the police must assess the situation and determine if a chase would be reasonable. This means they have more discretion when it comes to violating traffic laws. However, they can be liable for damages and injuries under certain circumstances, especially if their actions present an unreasonable danger to other people.
Not every day you see a police chase, and you certainly never anticipate getting caught in the crossfire of one. However, once the initial shock wears off and you can clear your head, you can take steps to protect your right to compensation and gather evidence to prove negligence. Some useful things you can do include:
Finally, you should contact a police chase car accident lawyer as soon as possible, preferably before taking action, to ensure you make the most efficient move. Insurance companies can be unreasonably combative and may even act in bad faith to frustrate you or attempt to project liability onto you and away from the other party.
As you work with your attorney to collect evidence and build your case for damages, a few laws could impact your claim and affect how you navigate the process. For example, the damages cap on government entities and the modified comparative negligence rule can directly affect how much you receive in damages or if you receive damages at all. Also, remember that Texas is an at-fault state, meaning the at-fault driver is responsible for damages. However, you are responsible for proving their liability.
In Texas, tort law places a cap on the damages available if a government entity, including a police officer, is responsible for your accident. Additionally, the caps vary depending on whether the officer is from a state or local unit. For example, if the officer that hit you is a state trooper, the cap for damages is $250,000 per person and $500,000 per accident for personal injury and $100,000 for property damage. If they are a local officer, the damages cap is $100,000 per person and $300,000 per accident. The amount for property damage remains the same.
If you are partially responsible for the accident, you can still recover some damages, depending on the significance of your role in the accident. Texas applies the modified comparative negligence rule to personal injury cases involving shared fault. According to this law, if you are less than 50% liable for the accident, you can recover damages in an amount equal to the other party’s percentage of fault. If you are more than 50% at fault, you cannot recover damages at all. For example, if you file a lawsuit and the court determines you are 30% liable for the accident, you can only receive 70% of the total value of damages. However, this is still substantial and would likely cover your financial losses.
Car accidents are the most common form of personal injury claims, and while most are not the result of a police chase, they still fall under the umbrella of tort law. Depending on the circumstances, the avenues to compensation can be blurry for someone unfamiliar with personal injury law. That is where a car accident lawyer comes in. Their job is to protect you from any violation of your right to recover your losses and ensure you get a fair settlement. They take care of the tedious paperwork, negotiate with the insurance company or defendant, investigate the accident to gather evidence, and identify damages available to you. If your case involves a negligent police officer, they will draft your formal notice and prepare the argument.
At Fielding Law, we understand the physical, emotional, and financial devastation a car accident can cause. Without a background in personal injury law, you risk undervaluing your claim and potentially failing to prove negligence. Our legal team will fight to secure fast and fair compensation for your losses and help you get your life back on track. If the insurance company fails to provide an adequate offer during negotiations, we will not hesitate to take your case to trial and fight even more tenaciously. Contact Fielding Law at (877) 880-4090 to schedule your free case evaluation today and speak with an experienced car accident lawyer who can answer all your questions and provide peace of mind.