Car accidents happen in the blink of an eye but can leave victims dealing with severe physical, emotional, and financial consequences for months or even years. The aftermath of a crash can be overwhelming, particularly when it comes to pursuing compensation for car accidents in Texas.
Whether the crash involved a minor collision or a catastrophic injury, you should have an experienced lawyer on your side who can fight for maximum compensation for car accidents in Texas.
Texas Is a “Fault” State for Car Accident Claims
Texas operates under a fault-based system for car accident claims. This means that the party who caused the accident is responsible for covering damages through their insurance policy or personal assets. In contrast to “no-fault” states, Texas allows injured parties to pursue compensation directly from the at-fault driver or their insurer.
To recover damages, it is necessary to prove that the other driver was negligent. Legally, negligence occurs when a driver fails to exercise reasonable care under the circumstances. Common examples include:
- Speeding
- Distracted driving
- Driving under the influence
- Failing to yield or obey traffic signals
- Reckless or aggressive driving
Claim investigation after a car accident in TX typically involves gathering crash site photos and videos, police reports, witness statements, surveillance camera footage, and dashcam footage, and accident reconstruction analyses to establish fault.
Modified Comparative Fault Rule in Texas
Texas follows a modified comparative fault rule, also known as “proportionate responsibility” (Texas Civil Practice & Remedies Code § 33.001). This rule determines how damages are awarded when multiple parties share blame for an accident.
Key points include:
- If an injured party is 50% or less at fault, they can recover compensation.
- However, compensation is reduced by the percentage of fault assigned.
- If the injured party is more than 50% at fault, recovery of damages is barred entirely.
For example, if a party is found 20% at fault for the accident and total damages amount to $400,000, the award would be reduced by 20%, resulting in a $320,000 recovery.
Types of Compensation Available After a Texas Car Accident
Victims of car accidents in Texas may recover several types of damages, depending on the circumstances of the case. These damages generally fall into two categories:
Economic Damages
These cover tangible financial losses, such as:
- Medical expenses (past, current, and anticipated future costs)
- Emergency care and hospitalization
- Rehabilitation and therapy services
- Lost wages and loss of future earning capacity
- Property damage (vehicle repairs or replacement)
- Out-of-pocket costs (transportation, home modifications, etc.)
Non-Economic Damages
These address intangible personal losses, including:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Disfigurement or permanent scarring
- Loss of consortium (for impacts on family relationships)
In cases involving serious injuries, claims may also include future damages to account for long-term medical care or permanent disabilities.
Punitive Damages in Texas Car Accident Cases
In exceptional cases involving particularly reckless conduct, such as drunk driving or intentional harm, Texas courts may award punitive damages. These are intended to punish egregious wrongdoing and deter similar conduct in the future. To qualify, clear and convincing evidence of gross negligence or malice must be presented.
Texas Auto Insurance Requirements
Texas law requires all drivers to carry minimum liability insurance to cover damages resulting from accidents:
- $30,000 for bodily injury per person
- $60,000 for bodily injury per accident
- $25,000 for property damage
However, these minimum limits may be insufficient in cases involving severe injuries or extensive property damage. In such cases, additional insurance coverage may apply, including:
- Uninsured/underinsured motorist (UM/UIM) coverage
- Personal injury protection (PIP)
- Medical payments (MedPay)
- Umbrella insurance policies
Third-party liability claims may also be explored, such as cases involving employers, vehicle manufacturers, or government entities.
Challenges in Texas Car Accident Compensation Process
Many car accident claims in Texas are delayed or denied due to complex legal and factual disputes. Common challenges include:
- Denial of liability or fault disputes
- Low settlement offers from insurance companies
- Disagreements over medical treatment or injury severity
- Allegations of shared fault
- Complex multi-vehicle accidents involving several liable parties
To overcome these obstacles, it is critical to gather strong evidence, consult expert witnesses if needed, and maintain a clear legal strategy.
Statute of Limitations for Car Accident Claims in Texas
Texas law imposes strict deadlines for filing car accident lawsuits. Injured parties generally have two years from the date of the accident to file claims for personal injury or property damage (Texas Civil Practice & Remedies Code § 16.003).
Failing to file within this timeframe can result in permanent loss of the right to recover compensation, no matter how strong the case is.
Choose Our Experienced Texas Car Accident Lawyers
At Amanda Demanda Injury Lawyers, we understand the challenges that follow a car accident. Our experienced team is committed to fighting for the highest possible claim settlement for car accidents Texas on behalf of injured victims. We handle every aspect of the claim from investigation and evidence collection to aggressive settlement negotiations and a court battle, if necessary. To schedule your free consultation, call us 24/7 at 1-844-DEMANDA or contact us online.
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