Vehicular accidents can be overwhelming, especially if you’re facing injuries, damages or potential claims. If you’ve recently been in an accident, you probably have several questions regarding your legal rights and responsibilities.
This blog post, designed for Texas residents, answers some of the most common questions people have after being involved in an accident. Knowing this information can make navigating the claims process much smoother and help you feel more confident about the next steps.
1. What Should I Do Immediately After an Accident?
In Texas, taking the right steps right after an accident is crucial. First, ensure your safety and, if possible, move to a secure location. Call 911 if there are injuries and report the accident to the police. In Texas, you’re legally required to report accidents that result in injury, death or property damage exceeding $1,000. While waiting for the authorities, collect as much information as you can, including the other driver’s contact information, license plate number and insurance details. Documenting the accident scene with photos can be invaluable if you need to pursue a claim later.
Texas follows a “proportionate responsibility” system, meaning fault is assigned based on each party’s involvement. Be cautious when discussing the incident with others involved—avoid any statements that may imply fault, as this can impact your claim.
2. Who is Responsible for Paying My Medical Bills?
In Texas, which follows an “at-fault” insurance system, the driver responsible for the accident (or their insurer) is typically liable for damages. This includes medical expenses related to injuries sustained in the accident. However, you may need to cover some costs upfront, especially if the liability investigation is ongoing. Many people use their health insurance or available personal injury protection (PIP) coverage to handle initial expenses until the claim is settled.
Once fault is determined, you can seek reimbursement for medical costs from the at-fault party’s insurance.
3. What if I Was Partially at Fault?
Under Texas’s “modified comparative negligence” law, you may still recover damages if you were partly at fault for the accident—as long as your responsibility is less than 51%. This system allows you to receive compensation even when you share some of the blame, although your award is reduced by your percentage of fault. For example, if you’re deemed 20% at fault and awarded $10,000, your compensation will be reduced to $8,000.
Fault determination can be complex, and having experienced legal representation can help ensure your fault percentage is fairly assigned and doesn’t unjustly reduce your compensation.
4. How Long Do I Have to File a Claim?
The statute of limitations in Texas for filing a personal injury or property damage claim related to a vehicular accident is typically two years from the date of the accident. Failing to meet this deadline generally means forfeiting your right to seek compensation. Certain exceptions, such as cases involving government vehicles or claims involving minors, may alter this timeframe.
Acting promptly after an accident can help ensure that all evidence and records are preserved and your claim is filed within the legal period. Consulting Westbrook Law soon after the accident can help ensure you’re aware of all applicable deadlines.
5. What Types of Damages Can I Claim?
Texas law allows accident victims to seek various types of damages, including:
Determining the value of non-economic damages, such as pain and suffering, can be complex, as they depend on various personal and case-specific factors. At Westbrook Law, we can help assess your damages accurately and pursue a fair settlement or judgment.
6. Should I Accept the Insurance Company’s First Settlement Offer?
After an accident, insurance companies often attempt to resolve claims quickly and may offer a lower initial settlement. While it might be tempting to accept an immediate payout, the initial offer rarely covers the full scope of potential expenses, especially if you’re still undergoing medical treatment. Once you accept a settlement, you forfeit the right to seek further compensation for the accident.
Before agreeing to any offer, reviewing it carefully can help ensure that all current and potential future costs are accounted for. At Westbrook Law, we can negotiate on your behalf, helping you secure a fair settlement.
7. Do I Need a Lawyer for My Claim?
While not every accident requires legal representation, hiring an attorney can be beneficial in complex cases, particularly if there are severe injuries, disputed liability or insufficient insurance offers.
We understand the nuances of Texas accident law and can gather evidence, negotiate with insurers and represent you in court if needed. Additionally, we work on a contingency basis, so we’re only paid if you win your case.
Having a lawyer often leads to better outcomes, as insurance companies know that we are prepared to take the case all the way to trial if necessary.
We Are Here to Help
Navigating the legal and insurance processes after a vehicular accident can be challenging, especially if you’re coping with injuries or property damage. Texas residents should understand their rights and options to make informed decisions about their claims.
Our law firm is dedicated to supporting accident victims in Texas. If you or a loved one has been injured in a vehicular accident, don’t hesitate to reach out to Westbrook Law for a consultation and guidance through every step of your case. Our team can guide you through the entire process, helping you understand your options and fighting for the compensation you deserve. With the right support, you can focus on healing and moving forward.
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