Proving Negligence in a Texas Personal Injury Claim

If you wish to submit a claim or file a personal injury lawsuit after a traffic crash in Texas, you’ll want to stay abreast of a number of state rules and guidelines, such as fault laws, negligence, the statute of limitations in Texas, and more.

The aftermath of an automobile accident may be characterized by fury, confusion, misery, and suffering. You will have plenty of concerns without having to deal with insurance, rising medical bills, vehicle damage, and the possibility of missing work. This is where we come into play.

There are several types of motor vehicle crashes, and each requires a particular approach to ensure that your rights are respected and that you get the compensation you are entitled to. As one of Dallas’s most experienced personal injury law firms, the Rasansky Law Firm will handle your case with professionalism, persistence, and your best interests in mind.

Don’t hesitate to get in touch with our team if you have concerns regarding how fault impacts your Dallas automobile accident claim.

How to Report an Auto Accident in Texas

Any driver involved in a collision in Texas must report the occurrence promptly to the local police station (if the crash occurred within a municipality).

Otherwise, Lone Star State drivers are required to report auto accidents in Texas to the local sheriff’s office (for wrecks located outside of a municipality). It is particularly vital to contact the authorities if the occurrence resulted in injuries or deaths or if the damage to a vehicle prohibits it from being driven away safely.

Notifying Insurance Companies of a Car Wreck

Texas is neither one of the states that require policyholders involved in a car accident to inform their auto insurance, nor does it have such a law.

Proving Negligence in a Texas Personal Injury Claim

But generally, most auto insurance policies require the policyholder to promptly report an accident to the insurer. The sooner the insurance company is informed of an accident, the sooner it can investigate or defend a claim. Learn how vehicle insurance companies investigate claims.

The insurer may deny coverage for a collision if the insured fails to report the incident within a particular (“reasonable”) period of time. An insurance provider may permit less than one week to file a claim after a car accident, depending on the circumstances.

Even if your incident was very small and did not exceed the Texas standard for a reportable collision, you should still notify your auto insurer. Being proactive guarantees that your insurance will provide coverage if you need it.

Is Texas a No-Fault State?

In the meanwhile, drivers in the Lone Star State must have a fundamental understanding of culpability.

Approximately a dozen other states have some no-fault vehicle insurance system, meaning that after a collision, drivers use their own insurance to make claims for injuries and some out-of-pocket expenditures, regardless of who was at fault. Understand the basics of no-fault vehicle insurance.

The state of Texas is a fault or at-fault state. Essentially, if you are injured in a car accident in Texas, you have access to all available options. You may file a claim with the at-fault driver’s insurance company or a lawsuit against the other driver.

Texas, like other states, requires all drivers to have a minimum amount of vehicle insurance coverage and, if they do not, to show their financial responsibility in the case of an accident.

Proving Negligence in Texas

If the other driver was completely at fault for your car accident, the solution is often straightforward: the other driver (through their insurance company) will compensate you for your medical bills, lost wages, and any leftover damages. But what happens when the aftermath of a collision is not so straightforward?

When many parties are found to share culpability for an accident, Texas employs a modified comparative fault standard. In the uncommon event that a car accident case goes to trial, the jury will be asked to determine the entire monetary worth of the plaintiff’s damages and the percentage of fault attributed to each defendant based on the evidence.

According to Texas’s modified comparative fault law, a plaintiff’s award of damages is reduced by an amount commensurate to the plaintiff’s degree of fault.

What is Comparative Modified Negligence?

For instance, consider a situation in which a jury concludes that the entire amount of your verdict for damages should be $150,000. (including your healthcare expenses, any lost earning potential or pay, vehicle and property damage, and so on). However, the jury also finds that you are 30% responsible for the collision (perhaps you were driving too fast for the conditions or failed to signal).

According to the comparative negligence laws of Texas, you are entitled to 70% of the total damages, or $105,000. In this case, you would still recover a substantial sum, but it may fall short of your overall losses.

Due to the fact that Texas is a modified comparative negligence or fault state, you will not be eligible for compensation if you are found to be at least 50% at blame for the incident.

Comparative negligence is not only admissible in court, but it will also affect how your vehicle insurance claims adjuster analyzes your case. In the end, a claims adjuster makes decisions based on what they anticipate would occur in court.

But do not allow bureaucracy and red tape to prevent you from pursuing a settlement or lawsuit for an automobile accident. Instead, consult a Dallas personal injury attorney about your individual circumstances and the best line of action for you and your family.

Contact Rasanky Law Firm’s Personal Injury Lawyers

Auto accidents affect tens of thousands of families in our state. Other victims are permanently crippled and in severe pain, despite the fact that some instances only result in minor injuries.

After suffering injuries in an accident, establish your legal rights without delay. This may significantly diminish your chances of recovery.

You must immediately call a Dallas personal injury attorney if you are dealing with the aftermath of a major vehicle accident. You may be eligible to receive compensation to offset upcoming financial commitments.

Our staff at the Rasansky Law Firm in Dallas has over three decades of experience aiding victims of accidents caused by negligent and irresponsible drivers to go on with their lives. Our team of trained and well-respected attorneys provides our clients with trustworthy legal advice. We are prepared to investigate your accident’s circumstances and evaluate your legal options.

If you were injured in a car accident in Texas and have questions about your legal options, contact our attorneys at 214-617-1816 for a free case evaluation 24 hours a day, seven days a week.

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