In Pursuit Of Compensation For Auto Accident Victims
If you or a loved one has been injured in a car accident, you may be wondering if you have a viable claim to recover money for medical bills and other expenses. The answer to that question depends on many factors. The threshold question is whether the driver of the other vehicle was negligent.
Negligence on the part of a driver can be shown in many ways. Did the driver violate a state law? For instance, did the driver run a red light or stop sign, or was the driver speeding? The negligent driver may have also failed to keep a proper lookout. Failing to keep a proper lookout is legal jargon for not paying attention or distracted driving.
Common Causes Of Accidents
The Texas Department of Transportation estimates that as many as one in four collisions are caused by distracted driving. The most common examples of this are talking on a cellphone while driving and texting while driving. Cellphone use for talking and texting is not only a dangerous, distracted behavior that causes collisions but also prohibited by law in certain circumstances. Drivers under 18 years of age may not use a wireless device at all while driving. Drivers of any age may not use cellphones or other handheld wireless devices while driving through a school zone. Many jurisdictions in Texas ban texting while driving.
If you have been injured in a car accident by a negligent driver, you should consult with an attorney. With legal help, you may be able to recover money damages for medical bills, pain and suffering, lost wages, as well as other damages, depending on the type and severity of your injury.
Common Injuries After Car Accidents
Car accidents can be as minor as a fender-bender or as serious as a fatal collision. The injuries victims sustain can result in a wide range of injuries, from minor bruises to more extreme trauma. Among the most common injuries are:
- Whiplash and neck injuries
- Traumatic brain injuries (TBI)
- Broken bones and fractures
- Spinal cord injuries
- Cuts and lacerations
- Internal organ damage
- Soft tissue injuries
- Knee and leg injuries
- Psychological trauma, including PTSD
In car-only accidents, injuries may seem more minor compared to truck accidents. However, your health is too important to ignore any signs of injury, no matter how small they seem at first. Seek legal and medical help as soon as you’re hurt after any accident.
What Factors Affect The Value Of A Car Accident Claim In Texas
When pursuing a car accident claim in Texas, you might wonder what your case is worth. There’s no single, easy answer. Insurance companies and courts consider several factors, including:
- The severity of your injuries
- The extent of property damage
- Your medical bills (past and future)
- Lost wages and impact on your earning capacity
- Pain and suffering
- Insurance coverage limits
Texas follows a modified comparative fault rule for personal injury claims. This means if you’re partly at fault for the accident, it could effect the amount of compensation you will receive. Your percentage of fault directly reduces your compensation.
Who Can Be Held Liable For A Serious Car Accident
After a serious car accident, you might be able to hold multiple parties liable for your injuries. These parties can include the other driver or the vehicle owner (if they are different people). In accidents involving company vehicles, courts may order the driver’s employer to pay damages. If a defective vehicle caused the accident, vehicle or parts manufacturers may face liability for negligence.
In complex cases, such as multiple-vehicle pileups or accidents involving commercial trucks, multiple parties may share fault. That’s why working with an experienced attorney at Law Offices of Mark D. VanCleave, PLLC, is so important. We can help you identify all potentially liable parties and build a strong case. Call 281-720-6881 or complete our online form to schedule a free case review.
Understanding The Statute Of Limitations On Car Accident Claims In Texas
If you’ve been in a car accident in Texas, time is of the essence. You generally have two years from the date of the accident to file a lawsuit for your injuries. This might seem like a long time, but it can pass quickly when you’re dealing with recovery and insurance claims. This time limit, called the statute of limitations, is very important to remember.
If you miss this deadline, you may lose your right to seek compensation through the courts. However, certain exceptions can extend this period, such as cases involving minors.
Compensation Available For A Serious Car Accident
Car accidents are situations where it’s necessary to ask for compensation due to the injuries and losses you’re suffering. Here’s what you might be able to recover:
- Medical expenses (both current and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disability or disfigurement compensation
- Property damage costs
No two cases are exactly alike. The specifics of your case—the factors mentioned earlier—will affect the final compensation amount. An experienced attorney can help you assess the full extent of your losses and advocate for the compensation you deserve.
Frequently Asked Questions About Car Accidents In Texas
Clients often have many questions. Below are some common ones we hear, which you may also be wondering about.
What should I do if I am involved in a car accident?
First, ensure everyone’s safety and call 911 if there are injuries. Move to a safe area if possible. Exchange information with the other driver, but avoid discussing fault. Take photos of the scene and damage. Get contact information from witnesses. Seek medical attention, even if you feel ok. Then, contact your insurance company and consider speaking with an attorney to protect your rights.
What is considered a serious car accident?
A serious car accident typically involves severe injuries, major damage to vehicles or property, or fatalities. This can include accidents resulting in extreme bodily trauma or extensive vehicle damage. Multi-vehicle pileups, rollovers and high-speed collisions often fall into this category. These accidents frequently require medical or legal intervention.
What should you do after a car accident that is not your fault?
Even if you believe you are not at fault, follow the same steps as after any accident. Document everything at the scene and avoid admitting fault or apologizing. Report the accident to your insurance company, but do not give a recorded statement without first talking to an attorney. Also, do not give a recorded statement to the other party’s insurance company unless instructed to do so by your attorney.
How long after a car accident can you file a lawsuit in Texas?
As previously mentioned, the statute of limitations for personal injury lawsuits is generally two years from the date of the accident. But don’t wait: valuable evidence can disappear, witnesses’ memories can fade and your injuries could worsen. Starting the process early allows you to build your case and avoid the challenges that come with delay.
Should I report the accident to my insurance company?
Yes. It is important to talk to your insurance company soon after your auto accident. By talking to your insurance company, you can learn more about your personal policy and begin your auto accident claim. You can also work on repairing or replacing your vehicle and recovering from your medical bills once you have talked to your insurance company.
Should I speak to the other driver’s insurance company?
Insurance adjusters are trained to ask specific questions to potentially reduce the amount of compensation victims can recover from a claim. Talking to the other driver’s insurance company could unintentionally impact your case. If the other driver’s insurance company reaches out to you asking questions about your accident and injuries, you should refer them to your auto accident attorney. An attorney can negotiate on your behalf to recover maximum compensation.
How soon should I see a doctor after a serious car accident?
You should seek medical help soon after your car accident regardless of whether you believe you have suffered injuries or not. A doctor can examine you for injuries, making a medical report for your auto accident claim. Your doctor may discover serious hidden injuries that were only identifiable with an early evaluation.
What should I do if I am involved in a car accident where the other driver has no insurance?
If you discover the other driver in an accident has no insurance or is underinsured, you should still take action. You can contact your insurance company about your uninsured motorist coverage to potentially recover compensation for your damages. You can also talk to an attorney to learn about your legal options to recover damages.
What is the one thing you must never do after a car accident?
After an auto accident, you should never admit fault. Admitting fault for an accident can significantly affect your auto accident claim, especially if it is discovered that you were not at fault for an accident. Determining fault should be left to insurance companies, law enforcement and your attorney.
Why should I get a car accident attorney?
An experienced car accident attorney can level the playing field between you and insurance companies. They can help gather evidence, negotiate with insurers and make sure you don’t settle for less than you deserve. If your case goes to court, they’ll represent your interests. Plus, most work on a contingency basis, meaning you don’t pay unless you win. With an attorney, you can focus on your health while they handle the legalities of the situation.
Do You Think You Have A Claim?
Email us or call 281-720-6881 to set up your free consultation and start recovering. We offer personal injury representation on a contingency basis.