If you were injured in a Texas car accident caused by another driver, you may be worried about how you’ll pay unexpected medical bills and your usual household expenses if you have to take time off work. An experienced car accident attorney can evaluate your accident and help you understand the Texas car accident laws that apply to it. We can discuss whether you have a right to demand compensation from the motorist that caused the car accident.
San Antonio personal injury attorney Troy A. Brookover has more than 30 years of experience working with Texas car accident laws and advocating for victims injured by another person’s negligence. Our dedicated team at the Law Offices of Troy A. Brookover has recovered many favorable settlements for our clients, including a $3.3 million settlement for a client that suffered a door crush injury and a $1.6 million settlement for a client injured in a severe car accident. If you have been injured in a car accident caused by someone else, call us for a free legal consultation with an experienced car accident lawyer in San Antonio, Texas.
Accident Reporting Requirements in Texas
In Texas, all drivers must report any car accident resulting in injury or property damage to the police department. According to Texas Transportation Code section 550.026, drivers involved in an accident must report it to the local police department or sheriff’s office immediately by the quickest means of communication. This report is mandatory if the accident resulted in injury, death, or enough damage to a vehicle that the vehicle cannot be safely driven from the scene.
You must also report the accident to your insurance company according to the terms of the insurance policy. The failure to alert your insurer of an accident in a timely fashion may lead to denial of coverage if the other driver is uninsured and you elected to use your Uninsured motorist (UM) or underinsured motorist (UIM) coverage.
Minimum Auto Insurance Requirements in Texas
In Texas, vehicle owners must carry at least a minimum amount of auto liability insurance. The minimum requirements for auto insurance in Texas include $30,000 for bodily injury liability per individual, $60,000 for bodily injury liability per accident, and $25,000 for property damage liability. In addition, it’s recommended that all drivers carry supplemental coverage, such as uninsured motorist (UM) or underinsured motorist (UM) insurance, in the event of an accident.
While Texas does not require drivers to have UM or UIM coverage, insurers must offer it. You most likely have it unless you specifically decline it in writing. This type of insurance covers your losses if you are injured by an uninsured driver, an underinsured driver, or a hit-and-run accident.
Texas Is an At-Fault State
When it comes to car accidents, Texas is an at-fault state. The person responsible for the accident is financially liable for any injuries and financial losses caused by the crash. To determine who is liable in a Texas car accident, your lawyer can conduct an investigation to review the details of the crash. This includes looking at evidence such as skid marks, vehicle damage, and witness statements.
In Texas, you may seek compensation from the at-fault driver’s insurance company for your accident-related injuries and losses. Depending on the other driver’s coverage, you may be eligible to claim reimbursement for medical bills, lost wages, and property damage.
Comparative Negligence Rule in Texas
Under Texas’s comparative negligence rule, each party is assigned a percentage of fault for the accident based on their share of negligence in causing the accident.
When awarding damages in a court case, a jury assigns each party a percentage of fault. If a jury determines that you are 25 percent at fault for an accident, for example, any compensation you receive will be reduced by 25 percent. If an injured party is found to be more than 50 percent liable for a crash, that person is not eligible to collect compensation under Texas’s comparative negligence rules.
Statute of Limitations in Texas
If you are in a car accident, it’s important to know the statute of limitations so you can file your lawsuit in a timely manner. Texas allows two years to file a personal injury lawsuit against the at-fault party for an injury-related car accident.
If an injured party fails to file a lawsuit within two years of the accident, he or she may be barred from seeking compensation through the court system. The statute of limitations may be extended in certain circumstances, such as if the victim was a minor or incapacitated at the time of the accident. Contact a qualified San Antonio car accident lawyer as soon as possible after a crash to ensure that all filing deadlines are met.
Get in Touch with Our San Antonio Car Accident Lawyers
If you have been injured in a car accident in Texas, an experienced personal injury attorney can explain your rights and legal options. The Law Offices of Troy A. Brookover can help you pursue justice and the compensation available by law.
One of the benefits of working with our law firm is that we handle cases on a contingency fee basis. We do not charge any upfront fees. We believe everyone deserves high-quality representation, no matter the size of their bank account. We don’t get paid unless we are successful in securing compensation for you. If we obtain money for you, we’ll take an agreed-upon percentage of your compensation to cover our legal fees and expenses.
Our San Antonio injury law firm is dedicated to advocating for individuals injured by another party’s negligence. Our dedicated car accident attorney can provide valuable legal advice, investigate your accident, negotiate with insurance companies, and fight for your rights in court if necessary. We have a track record of success in cases involving car accident-related injuries and have recovered millions of dollars in compensation for our clients. After being injured in a Texas car accident that wasn’t your fault, contact The Law Offices of Troy A. Brookover for a free legal consultation.