What Texas Drivers Need to Know About Car Accidents
Texas is a state where a reportable car crash occurs once every 57 seconds. That’s more than 553,000 accidents a year. Every two minutes and five seconds, someone reports an injury from a motor vehicle crash. The large highways combined with uninsured drivers make collision risks all the worse. Plus, the fault system used in Texas doesn’t always guarantee a smooth claims process. Knowing your rights after a crash is crucial to protecting your finances and your future. Contacting a Texas car accident lawyer is a smart move for guidance and peace of mind.
What to Do Immediately After a Car Accident
The first thing you should do is call 911 and, if possible, move your vehicle off the road. Next, exchange information with all drivers involved and start the evidence collection process. This includes taking photos of damage to vehicles and property. It also entails collecting witness statements.
Keep in mind that many injuries from car accidents don’t appear right away. Even if you don’t go to the hospital in an ambulance, it’s important to get a medical evaluation as soon as possible. This way, you can document your injuries and have proof of their severity for your insurance claim.
Common causes of Texas car accidents:
- Distracted driving caused by texting or cellphone use
- Speeding over posted roadway limits
- Drunk driving involving alcohol impairment
- Fatigue leading to reduced reaction time
- Weather conditions causing reduced visibility
Understanding Fault and Liability in Texas
Texas is an at-fault state. The modified comparative negligence rule in Texas divides liability for an accident among all drivers and reduces each driver’s compensation according to their relative degrees of culpability. You are not eligible to receive any compensation if your level of culpability is 51% or more.
How fault is proven:
- Police reports
- Photos
- Dashcam footage
- Witness statements
- Accident reconstruction
Insurance and the Claims Process in Texas
There are four main types of auto insurance coverage commonly used in Texas.
Each type has its own set of pros and cons:
- Liability: Covers others’ damages but never your own repairs.
- PIP: Pays medical bills quickly but raises premium costs.
- MedPay: Covers treatment expenses but offers limited overall protection.
- UM/UIM: Protects against uninsured drivers but increases policy price.
After the accident, it’s important not to give recorded statements. You don’t want insurance companies or opposing adjusters to twist your words. They might try to use what you say to minimize your claim.
You may have to use your uninsured motorist or underinsured motorist policy or file a personal claim if the negligent driver doesn’t have insurance. There is a two-year statute of limitations in Texas for the majority of lawsuits involving injuries or property damage. Delays in discovery or instances involving children are two examples of circumstances that sometimes qualify for an exception to this deadline.
Injury and Medical Concerns After a Crash
The most common car accident injuries include sprains and strains to the neck or back, contusions, fractures and open wounds. Because many injuries don’t appear right away, it’s imperative to take note of delayed symptoms and get medical attention as soon as possible. You want to document as much evidence as possible to help your insurance claim go through smoothly.
Best ways to document injuries:
- Photograph visible injuries
- Record swelling progression
- Save medical reports
- Track daily symptoms
- Keep treatment receipts
- Note pain levels
Texans can hold the negligent motorist financially liable for their medical expenses, but insurance companies will withhold payment until culpability is established. No matter what, having personal health insurance like PIP or MedPay may help in covering unexpected medical bills. Underinsured/Uninsured Motorist (UM/UIM) may help pay for medical bills if the other driver has inadequate or nonexistent insurance. Many Texans have to pay out of pocket, using their health insurance, medical liens, or their own money, until their claims are settled.
Property Damage and Vehicle Repair Issues
The process for getting your damaged vehicle repaired starts with choosing a repair shop. Make sure to select one that accepts payment from the at-fault driver’s insurance company. It helps to speak with an auto accident attorney because they can get you compensated based on the true value of your damages rather than the insurer’s lowest estimate.
The insurance coverage of the negligent motorist may cover the cost of a rental car or other means of transportation while your vehicle is being repaired or written off. And after getting your car fixed, you may be able to get part of that money back via diminished value compensation. This is another reason it’s smart to speak with a Texas car collision attorney. They can guide you on whether you qualify for this type of reimbursement. If your vehicle is declared a total loss, the insurer will pay its Actual Cash Value, which may be less than what you paid for it.
Special Situations in Texas Car Accidents
Certain types of accidents in Texas create unique legal issues. For example, when an accident involves an Uber driver, the liability rules will depend on whether the driver was actively transporting a passenger or logged into the app. Insurance coverage can become very nuanced and difficult to navigate, making it crucial to speak with a Texas auto accident lawyer about the specifics of your case.
Other accident types that raise special legal concerns:
- Accidents involving drunk drivers
- Distracted driving claims
- Hit-and-run accidents
- Passenger injury claims
- Multi-vehicle pileups
- Commercial vehicle involvement
Compensation Available to Texas Car Accident Victims
There are many forms of damages that can be awarded to Texas car accident victims. A car collision lawyer will walk you through each type that applies to your case. Many people find they qualify for additional compensation in the form of lost wages or future medical expenses that they otherwise would not have known about.
Economic damages:
- Medical expenses: Covers treatment and recovery costs
- Lost wages: Reimburses income missed during recovery
- Property damage: Pays for repairing or replacing vehicles
Non-economic damages:
- Pain and suffering: Compensates for the physical discomfort you experience as a result of the accident
- Emotional distress: Addresses psychological impact after the crash
Long-term or catastrophic losses:
- Reduced earning capacity: Covers lost future income potential
- Lifetime medical care: Pays for ongoing necessary medical treatment
Wrongful death damages:
- Funeral expenses: Helps cover necessary burial-related costs
- Loss of companionship: Compensates families for emotional absence
The total amount paid to the victim (or their family) is calculated by adding up all documented economic and non-economic losses and then adjusting the final number based on the victim’s percentage of fault.
The Legal Process: Settlement vs. Litigation
A car accident case that settles means both sides agree on the compensation amounts, and there’s no need to go to trial. This frequently happens when the insurance company reviews the evidence and sees that liability is clear.
Only when the insurer denies fault, undervalues the claim or refuses to negotiate fairly does a case turn into a lawsuit. Once the lawsuit starts, there are multiple stages to go through, including discovery, depositions and negotiation meetings. Both sides gather and present evidence in an attempt to argue their position.
For the majority of car accident victims, cases settle outside of court. But having a lawyer is vital to protecting your rights since insurance companies tend to view unrepresented claimants as easier to underpay.
Why You Should Hire a Texas Car Accident Lawyer
Hiring a car wreck attorney is one of the best moves you can make to improve the outcome of your claim. This person will help you avoid common mistakes made by car accident victims, like missing key deadlines or signing paperwork you don’t understand.
Protecting You From Insurance Tactics
Insurance companies will use pressure and misleading strategies to try and get you to admit fault. They may also delay your claim so you will accept a low offer. A Texas car accident attorney will go over all of the different ways to avoid their tactics. For example, if you’re dealing with a recorded-statement request, the lawyer will tell you to decline the recording and provide only a written statement. They can assist with writing the statement so you don’t accidentally admit liability.
Investigating the Crash
A Texas car wreck lawyer will use expert analysis and advanced tools to investigate the crash. They may even use accident-reconstruction software to recreate the collision to get a better idea of exactly what happened. This reconstruction evidence is vital to building a strong case for receiving full compensation.
Gathering and Preserving Evidence
It’s amazing just how quickly evidence can disappear after a car accident. With an auto accident lawyer in your corner, you’ll have expert guidance for preserving evidence and making sure it remains admissible.
Working With Medical Experts
Car accident lawyers need all the documentation they can get to back their claims. By collaborating with the doctors and medical specialists who treat your injuries, it becomes simple to create a medical record that fully supports your case.
Negotiating a Fair Settlement
Insurance adjusters go through special training to try and get the lowest payout when they have to settle a claim. A car wreck lawyer has extensive experience to negotiate higher compensation based on evidence that proves your losses. The outcome is a fair settlement that accounts for both your immediate and long-term damages.
Taking the Case to Court if Needed
If your car collision attorney can’t reach a settlement with the insurance company, your case will go to trial. Your attorney can continue to put pressure on the insurer during the litigation to try and encourage a better offer. If you do have to appear in court, you’ll have a skilled lawyer by your side the whole time to argue your case and get you justice.
No Upfront Fees (Contingency Basis)
Hiring a car wreck attorney isn’t overly expensive like most people think. In fact, many car collision lawyers work on a contingency basis. This means you don’t have to pay a dime until your case is settled. And you only have to pay if you win. The attorney’s fee will come straight out of your settlement, requiring no upfront payment on your part.
Steps to Take Before Contacting a Lawyer
Before reaching out to legal counsel, a few early actions can greatly improve your case’s outcome. Be sure to document everything carefully so you can keep your claim moving forward.
- Keep all medical receipts and bills: Helps prove treatment costs clearly
- Maintain a pain journal: Tracks symptoms and recovery patterns
- Save photos, messages, and insurance letters: Preserves evidence supporting your claim
- Avoid posting about the accident on social media: Prevents insurers from misusing your statements
Get Help from a Texas Car Accident Attorney at PM Law Firm
Car accidents can be incredibly stressful, especially if you get injured. Trying to navigate insurance claims, medical bills and treatment schedules may leave you feeling completely overwhelmed. With expert legal guidance, it becomes much easier to protect your rights, focus on healing and get the compensation you deserve.
Contact a Texas car accident lawyer today to learn more about your legal rights.