Jasmine Birtles
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When You Can And Cannot Claim After an Accident In Texas
Moneymagpie Team
28th Aug 2024
Accidents happen no matter how careful you are on the road. In Texas, like most other states, specific laws govern whether you can file a compensation claim after an accident. Understanding the laws as they apply to Texas accidents is crucial if you ever have to file a compensation claim.
Unfortunately, in this state, getting assigned 51% of the blame means you cannot claim. This basically means that if you are 51% or more at fault for an accident, you do not have the right to file a personal injury claim.
- Concept of Fault in Texas
- When You Can Claim Compensation After a Car Accident
- How To Ensure Your Case Succeeds
- When You Cannot Claim Compensation
- Other Incidents That Warrant Personal Injury Claims
- What To Do When Filing a Personal Injury Claim
- Seeking Legal Advice
Concept of Fault in Texas
Texas follows a modified comparative negligence system. So, if you are deemed more than 51% to blame for an accident, you cannot make a claim. You can demand compensation if you are less than 51% to blame. But, your final compensation will still be reduced by your percentage of blame.
For example, if you are 49% at fault (or less), your final award will have an amount equal to that percentage deducted from it.
When You Can Claim Compensation After a Car Accident
If your injuries are severe (and you are not more than 51% to blame), you can claim significant compensation. Your award must cover immediate medical treatment, income loss, and future medical expenses. If it is clear that you will not be able to work again, your award should also cover future earning loss.
If your vehicle or other property was damaged in the accident, you can claim for the cost of repairs or replacement.
The same goes for ongoing pain and suffering. You can claim for this under non-economic damages.
How To Ensure Your Case Succeeds
The best way to ensure you win your compensation case is to hire a car accident attorney. Your lawyer will help you gather the evidence you need, including specific medical records linking your injuries to the accident.
Your lawyer will also look at gathering other information to strengthen your case. This may include the official accident report, witness reports and statements, and accident scene photos.
Hiring a lawyer also prevents you from negotiating with the at-fault party’s insurance provider. Your lawyer will negotiate on your behalf.
Remember to file your lawsuit within the Texas statute of limitations of two years. If you do not claim within this period, you may not be allowed to file a case.
When You Cannot Claim Compensation
So, you cannot claim when you are more than 51% to blame for an accident. But there are also other reasons why you may be unable to claim compensation.
If you were not injured and your car or property was not damaged in the accident, you will likely not be able to claim compensation.
If you are less than 51% to blame, but your negligence was one of the direct causes of the accident, you cannot claim compensation either.
Moreover, if you assume the risk of an accident, you may be barred from claiming compensation. For instance, if you were drag racing or speeding and caused an accident, it would be seen as you assuming the risk.
Other Incidents That Warrant Personal Injury Claims
Car accidents are not the only reason to file a personal injury claim. You can also claim compensation if you are involved in a truck or motorcycle accident.
Furthermore, you may be able to file a claim if you are injured after a slip and fall due to a slippery floor or uneven surface. If you are injured or become ill due to medical negligence or a defective project, you also have grounds to file a personal injury case.
What To Do When Filing a Personal Injury Claim
If you want to file a personal injury case after a Texas car accident, you must prove four elements of negligence. These include the following:
- Duty of care: You must prove that the party that is most to blame for the accident owed you a duty of care. For example, the other driver should have kept to the speed limit or obeyed a traffic signal.
- Breach of duty: You have to prove that the other person breached that duty by speeding or disobeying a traffic signal, causing an accident.
- Causation: The link between the duty of care and the breach of duty will also provide a link to your injuries. This means the at-fault party’s negligence directly led to your injuries.
- Damages: Finally, you must prove that you suffered actual damages from the accident caused by the other person’s negligence.
If you can prove all these elements with the help of your lawyer, you have an excellent chance of winning your personal injury case.
What To Do When Filing a Personal Injury Claim
When your lawyer has established that you are less than 51% to blame for the accident and can claim compensation, keep the following in mind:
- Never talk to insurance adjusters without your lawyer present: Unfortunately, an insurance adjuster is not there to make your life easier in most cases. They work for insurance providers; their ultimate goal is to ensure you get as little money as possible. This is why you must allow your attorney to negotiate with them instead.
- Do not post anything about your accident on social media: You have undoubtedly seen countless posts uploaded by people who have been in car accidents. These posts typically include too much information and even photos of the accident. Do not follow this example. Anything you post on social media can be used against you by the insurance company.
- Do not accept the first offer from the insurance company: This offer will likely be the lowest the insurance provider is prepared to pay. Before deciding whether to settle, wait until you have all the information and evidence about your case.
Seeking Legal Advice
Filing a personal injury case can quickly become overwhelming. Hiring a lawyer after an accident is always a good idea to protect your rights. Your lawyer can also help ensure you have all the necessary information and evidence to win your case.
Disclaimer: MoneyMagpie is not a licensed financial advisor and therefore information found here including opinions, commentary, suggestions or strategies are for informational, entertainment or educational purposes only. This should not be considered as financial advice. Anyone thinking of investing should conduct their own due diligence.
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