Almost all car wreck cases we take at the Templeton Law involve some sort of negligence or driver error on the part of the offending or adverse parties and drivers. We see everything from traffic sign and signal violations to speeding, reckless driving, improper turns, rear end collisions, and the like. In these cases, we must prove that the adverse parties were negligent, that their negligence caused the wreck, and that our clients sustained injury and damage in the wreck.
Under the law, negligence means a failure to use ordinary care, or a failure to do that which an ordinary prudent person would have done under the same or similar circumstances. It is not an absolute or fixed standard, and when a case is considered by a jury, that jury may determine different percentages of fault or negligence for all parties, based on the jury's interpretation of the evidence.
If a case proceeds to trial, we may present evidence of negligence to the jury in the form of the police officer's crash report, police officer testimony, photographs or video, accident reconstructionist testimony, and witness testimony. Once we establish the negligence of the adverse driver, we must show that the negligence caused injury and damage to our clients. This is normally done through the presentation of medical bills and records and live expert physician testimony to the jury. If the client has lost or will lose money from a job because of injuries sustained in the wreck, we can present evidence of work history, tax returns, witness testimony, social security earnings, and expert economist and vocational witness testimony, and the jury may award money damages for these past and future losses. Finally, the jury may consider and award money damages for any non-economic damages, such as physical pain, mental anguish, physical impairment, or disfigurement.
Though many cases are settled with the negligent driver's insurance carrier before trial, we prepare each case as if it will proceed to jury trial. Such attention to detail and preparation sends a message to the liability insurance carriers that we are serious trial lawyers prepared to present our case to the jury if need be.
If you or a loved one is involved in a car wreck and injured due to someone's negligence or driver error, please contact our firm, and we will sit down with you and review your case to determine if we can be of service.