The facts seem straightforward in a recent Arlington car crash. But the intersection collision raises a number of legal questions.
The wreck occurred at the intersection of Division Street and Bowen Road. According to police, a westbound sedan driver ignored a red light and smacked into an eastbound minivan as it attempted to turn left onto Bowen. All three people involved in the crash, the sedan driver and the two people in the minivan, were rushed to nearby hospitals. The sedan driver did not survive, but doctors expect the other two victims to recover.
None of the names were released.
Like many cities in North Texas, Arlington is partly in one county and partly in another one. Most of it is in Tarrant County, but some of it is in Dallas County. The same is true of places like Azle (Tarrant and Parker Counties).
Victim/plaintiffs usually file car accident claims in the county where the wreck occurred. Most of the physical evidence and witnesses are in that county, and since the victim/plaintiff has the burden of proof, it’s important to easily access evidence.
Alternatively, victim/plaintiffs may also file suit in the county where they reside. This legal loophole is very useful in defective product cases, because it gives the victim/plaintiff something of a home court advantage.
Sometimes, there are other factors as well. For example, jurors in Parker County are usually more conservative than jurors in Tarrant County. Conservative jurors often sympathize with insurance companies more than car crash victims, except in catastrophic injury cases.
Legal Issues in Intersection Collision Claims
Even if you received a ticket, if you were hurt in a car crash, a Fort Worth personal injury attorney should always evaluate your case. There is often a difference between fault at the scene and legal responsibility for damages. If you do not speak to an attorney, you may miss out on the chance to obtain fair compensation.
The last clear chance doctrine is a good example. In the above story, it may seem obvious that the sedan driver, who ran a red light and t-boned the minivan, was responsible for the crash. But not so fast.
Drivers cannot simply sit back and let crashes occur. If they have a reasonable chance (the last clear chance) to avoid a wreck, the duty of reasonable care requires them to take advantage of that opportunity. So, in the above case, there is a good chance that the minivan driver failed to react properly and is therefore legally responsible for damages.
These damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well, in some extreme cases.
Intersection collision claims often involve complex legal issues. For a free consultation with an experienced personal injury attorney in Fort Worth, contact Herreth Law. We do not charge upfront legal fees in negligence cases.