Texas is a fault state for car accidents. This means that if another party’s negligence caused your collision, you can file a claim with their insurer to recover damages. However, in many instances, this is easier said than done. For instance, the other party may allege that you caused the accident, and therefore, they’re not liable.
You do not have to prove fault or pursue compensation on your own. With a Texas car accident lawyer, you can focus on feeling better while they manage your case’s obligations. This involves explaining the components of negligence and Texas’ comparative fault system. They will also pursue your financial expenses and losses,
What Is the Difference Between a Fault and No-Fault State?
In a no-fault state, each driver typically has personal injury protection (PIP) insurance that covers many immediate collision-related losses. If the injured party’s losses reach a certain threshold, they can seek damages beyond their no-fault coverage and file a third-party claim. Here, the injured party can recover damages regardless of who caused the collision.
In a fault state like Texas, fault matters. Under Texas Civil Practice and Remedies Code § 33.001, you can recover damages as long as you’re not more than 50 percent responsible for what happened. If your negligence primarily caused the collision, you can’t recover damages at all.
So, what do these factors mean for you? Proving fault is critical to recovering compensation after a serious Texas collision. A car accident lawyer from our firm can prove the other party’s negligence and seek what you deserve.
We have offices in Houston, Corpus Christi, and Victoria; and will travel to any corner of Texas if we are capable of preventing an injustice.
An At-Fault State Requires Proving the Other Party’s Negligence
To hold another party financially accountable for your losses after a car accident, you must illustrate the four elements of negligence. This requires gathering evidence to show:
- Duty of care: The other driver owed you a legal duty of care to drive in a safe manner in accordance with Texas’ rules of the road.
- Breach of duty: The other driver violated their duty of care by acting carelessly or recklessly behind the wheel. For instance, speeding breaches a driver’s duty of care.
- Causation: The other party caused the accident.
- Damages: The accident caused you to incur financial expenses and losses.
Proving negligence can be a daunting task full of legal nuances and subtleties. When a car accident attorney represents you, they can handle this obligation on your behalf. While they prove negligence and your right to compensation, you can focus on getting better.
What Evidence Proves Negligence After a Car Accident?
The evidence in your car accident case typically starts with the police report. It will tell your lawyer many valuable details, including:
- The contact information of those involved
- Witness observations
- Points of impact on each vehicle
- Road and weather conditions at the time of the accident
- Any causes and contributing factors
In addition, your lawyer will collect photos and videos from dashcam, security, and smartphone footage. They can also evaluate accident scene reconstruction data to bolster your claim.
What Compensation Can You Recover in a Fault State Like Texas?
The compensation you can recover after a car accident ultimately depends on your situation. Still, if you suffered serious injuries, you could recover:
- Accident-related medical bills
- Accident-related loss of income
- Loss of the future ability to earn income
- Treatment-related travel expenses
- Property damage or destruction
- Disability and disfiguring injuries
- Ongoing physical pain and suffering
- Lasting mental and emotional trauma
- Loss of enjoyment of life
- Wrongful death damages, if applicable
Your lawyer will carefully assess your recoverable damages and collect evidence that proves their values. They will also handle negotiations, which involves writing and sending your demand letter, presenting the cost of your damages, and protecting you from bad faith insurance tactics.
How Long do You Have to Seek Compensation in Texas?
Texas Civil Practice and Remedies Code § 16.003 generally grants two years to file a car accident lawsuit involving personal injury or wrongful death. If you don’t file your lawsuit on time, you risk losing the right to compel compensation from the negligent driver.
A lawyer can help you avoid this costly consequence by accurately interpreting the filing deadline and sharing those details with you. Understanding your case’s deadline can be difficult on your own––especially if you get overwhelmed by dense legalese. A good way to meet the statute of limitations is to connect with a lawyer at your earliest convenience.
Do I Have to File a Lawsuit to Recover Compensation?
No. In fact, most car accident cases settle without ever going that far. Out-of-court settlements happen when a case’s evidence clearly indicates negligence and financial liability. When a lawyer handles your case, they will:
- Fight hard for an out-of-court settlement
- Build a robust collection of evidence
- Communicate and negotiate with the involved parties for you
- Review the applicable car accident laws
- Learn what caused your accident
- Explain your legal options
- Keep you updated on your case’s progression
Car accident lawyers, like the ones at Carrigan & Anderson, PLLC, work on a contingency-fee basis. In this arrangement, you don’t pay a dime to secure our legal help. We break ground on your case without charging anything upfront or out of pocket. If we win, a portion of your settlement goes toward our attorney’s fees.
Representing the injured in all areas of Texas that extends back over 40 years
Get Legal Support After a Texas Car Accident
Texas is not a no-fault state for car accidents. So, if you or someone you love was injured in a crash, you can pursue the at-fault driver for compensation. At Carrigan & Anderson, PLLC, our personal injury team will assess your case and help you recover appropriate damages. We have decades of combined legal experience, and we’re eager to hold the responsible insurer responsible for your losses.
Learn more about your compensation options and find out how hard we fight for our injured clients by contacting one of our team members today.
At Carrigan & Anderson, PLLC we can talk to you about your options and rights.
