According to the Beaumont Enterprise a woman was killed and another seriously injured in a wrong-way auto accident in Silsbee Texas. The accident occurred Tuesday morning January 31 when Texas DPS Troopers believe 91-year-old Katherine Leona Barker lost control of her vehicle crossed over the median and struck the vehicle of 24-year-old Linda Renia Burns. Barker was killed in the accident while Burns had to be extricated from her vehicle. She was taken to Christus St. Elizabeth Hospital in critical condition.
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Commentary
This is a very unfortunate accident that some reports believe began because of a medical problem. I litigated an accident in the past that began due to a heart attack while driving. Now I understand the line of thinking that on the errant drivers end this was not a preventable accident. To that however I ask should the driver that was struck be forced to shoulder the entire burden of the accident? I think it is reasonable to have the opportunity to seek compensation.
In a personal injury claim a plaintiff is always tasked with the burden of proof. Meaning even if the accident is ruled completely the fault of another driver a victim will still need to present evidence to solidify this. They must first prove that the other driver had a duty to a standard of care at the time of the accident. This is usually manifested in the safe operation of a vehicle around other motorists. Intuitively the next step is to prove this standard was breached. This is where evidence is so crucial as it will dictate what type and what level of compensation a victim could receive. The last issue for a personal injury claim is the proving up of damages or the actual dollar value of injuries incurred. This is actually a rather difficult thing to accomplish as the value of areas like rehabilitation or deficiency are subject to debate.
Beaumont Personal Injury Attorney Michael Grossman
