When you choose Florin|Roebig, you are choosing a legal team that has recovered millions of dollars for clients in motor vehicle negligence cases. Some of our attorneys have even obtained Martindale-Hubbell’s highest peer rating for ethics and legal ability, and one of our attorneys has been named one of “America’s Leading Plaintiff’s Lawyers” by the national legal organization, Lawdragon.
What To Know About Texas Car Accident Claims
Whether you’re judging it by population or land area, Texas is the second-largest state in the U.S. It’s one of the most dangerous states to drive in, and three of the most dangerous highways in the U.S. run through it. If you’re filing a car accident claim in Texas, you’ve got plenty of company.
Keep reading to learn more about Texas car accidents, including:
- Texas state laws
- Legal options after a crash
- Liability determination
- Comparative fault rules
- Negligence
- Insurance requirements
- Statute of limitations
Texas Laws For Car Accident Cases
In Texas, at-fault rules apply in car accident cases. When a crash occurs, all drivers should exchange license and insurance information. You can file claims against all responsible parties, usually through their insurance.
If anyone sustains injuries during the accident or the damages are $1,000, law enforcement is required by law to file a report. This also applies if a death is caused by an accident. If any drivers are uninsured, they are automatically subject to a fine for the accident regardless of fault. Note that these laws do not apply to accidents in parking lots.
Legal Options After A Texas Car Crash
Car accidents can quickly become complicated legal matters, especially when multiple parties are involved. Any vehicle passengers in an accident, including those with the driver who caused the crash, can sue the at-fault driver. In Texas, you have the right to speak with an attorney if you believe that negligence caused your accident.
An attorney can help you determine who was at fault and who is liable for paying damages and build a strong case to win a favorable settlement offer. People who work with auto accident attorneys get higher average settlements than people who try to make personal injury claims alone.
How Liability Is Determined In Texas Car Accidents
In personal injury cases, the liable party is the party legally responsible for paying damages to an injured claimant. Usually, the liable party is the insurance company of the at-fault party.
This means that if someone hits you in an accident and it was their fault, their insurance company will be held liable if you seek a settlement in a personal injury claim. Sometimes, other parties are held liable in accidents. For example, an auto manufacturer could be liable if a faulty part led to an accident. Or, the state or municipality could be liable if hazardous roadway conditions caused the car wreck.
Determining liability can be complicated, which is part of the reason why having an experienced Texas personal injury lawyer by your side after a car accident is so helpful. Sometimes, it is not entirely clear who caused an accident. Involved drivers’ insurance companies might argue back and forth about which driver caused the accident.
“If you have suffered car accident injuries and do not feel you were at fault in the accident, you should contact us,” explains Florin|Roebig lawyer Shaun Cummings. “We can assess your case using evidence, such as police reports, photos of the crash scene, and eyewitness accounts to prove that another party caused the accident.”
Comparative Fault Rules
Texas is an “at-fault” state, meaning that whoever causes a car accident to occur is liable for paying the damages that they cause. At-fault states like Texas assign a fault percentage to each party involved in a car accident.
In Texas specifically, you cannot recover damages if your fault percentage goes above 50%, known as the 50% Bar Rule. In fact, if you’re at fault for an accident, you can be sued by the drivers and passengers of all vehicles, including your own.
How Negligence Can Affect Texas Car Accident Cases
Negligence is a critical aspect of personal injury cases. Negligence occurs when a party violates their duty of care, meaning a person or entity knowingly acts in a way that puts others in harm’s way. In a car accident, this can include behaviors like running a red light, speeding, and failing to yield or stop correctly.
In order for a personal injury claim to successfully win a settlement, the claim must show that a party’s negligence caused the car accident and resulting injuries. Experienced attorneys like those at Florin|Roebig are experts in determining whether negligence caused an accident and whether you can pursue a personal injury settlement.
Insurance Requirements
Liability insurance is required for all drivers in Texas. Policies are automatically written with personal injury protection (PIP) coverage, which you can refuse in writing to your insurance provider. Each type of insurance covers a different component of an accident.
Liability insurance covers your fault in the accident and pays for the other driver’s car repair and medical bills. Collision coverage handles your car repairs, while medical coverage pays your medical treatment bills. PIP and uninsured/underinsured coverage pays for care and damages not covered elsewhere, including if the responsible party lacks enough insurance. It’s important to read your specific policies, as coverage will vary.
Statute of Limitations
Texas applies a two-year statute of limitations to most personal injury claims. Unless you are a minor at the time of the accident or considered mentally unable to do so, you must file your claim within two years of the accident’s date. If the discovery of the injury doesn’t show until later and can be directly tied to the accident, you have two years from when the injury is discovered.
If you’re suing any government entity at any level, that will affect the statute of limitations as well. A qualified personal injury law office will know what statutes apply to your exact case and ensure you meet all deadlines for paperwork and fees.
The Car Accident Claim-Filing Process in Texas
It’s important to know what to do if you have been involved in an automobile accident in Texas. Following the steps below can help you stay safe after an accident and file a personal injury claim correctly.
Report The Accident
You should always report the accident to the police as soon as possible. When law enforcement arrives on the scene, they will assess the incident and damages, but a report is only filed in certain cases in Texas, namely if there are injuries or fatalities or if the damages exceed $1,000.
A police report is an official recorded statement of what happened during the accident, and it can be useful in legal matters later on. However, such reports can include incorrect information and opinions from multiple parties that may be lacking in facts.
Seek Medical Care
If you have been injured, you should seek medical attention as soon as possible to determine the extent of the injury and seek treatment. This will also create a paper trail for legal purposes. Notes and medical records from licensed professionals might serve as critical documents in your personal injury case.
Texas state law requires you to help anyone hurt in the accident regardless of fault or relationship but be mindful of making statements to other parties that can later be assigned as guilt or acknowledgment of fault.
File An Insurance Claim
File claims with your insurance provider and those of any responsible parties. You will be asked to give a detailed accident report, but you need to be very careful about what you say. Even your insurance company is looking for reasons to avoid paying your claim. Any indication of your responsibility in the accident can reduce your payout eligibility.
The more serious the accident, the more likely you should enlist an attorney who can be present when you speak with insurance company adjusters and attorneys or negotiate with them on your behalf. The insurance company representatives’ first priority is to protect their employer’s assets, meaning their questions are designed to determine how much they can avoid paying you.
Seek Help From A Car Accident Attorney
Car accident attorneys can offer sound legal representation and help you seek maximum compensation. Florin|Roebig offers free consultations to discuss your case, and we work on a contingency fee basis, meaning we only get paid if you get a settlement offer.
“We only advise people to pursue a personal injury claim when we believe they will secure a settlement. In addition, our board-certified attorneys are ready to go to trial for you, which is why many Texas car accident lawyers refer their cases to our trial lawyers,” states Shaun Cummings, a personal injury attorney with Florin|Roebig.
What Causes Motor Vehicle Accidents?
Car accidents can occur for a multitude of reasons. If negligence results in an accident and people get injured, a personal injury claim might follow. Texas laws regarding cellphone use while operating a vehicle and drunk driving, even if your blood alcohol level is below the legal limit, are numerous.
Among the most common causes of car accidents in Texas are:
- Reckless driving
- Drunk drivers or driving under the influence of drugs
- Negligent drivers (failing to look in mirrors or use turn signals before merging, running stop signs, etc.)
- Speeding
- Distracted driving, including cell phone use and texting while driving
- Visibility issues in a vehicle
- Defective brakes or other parts
- Improperly maintained roadways or bad weather conditions
Texas has three of the most dangerous highways to drive on in the United States and many other roadways that, while not the most dangerous, still see a high number of collisions.
According to an analysis by MoneyGeek, these are the most dangerous highways and intersections in Texas:
- I-10:
- Exit 855A to 849 in Beaumont (the deadliest stretch)
- Exit 16 to 21 in El Paso
- I-35:
- Exit 238B to 244 in Austin
- Exit 235B to 229 in Austin
- I-20:
- Exit 443 to 439 in Forest Hill, Arlington, and Fort Worth
- FM 1093/Westheimer Road:
- Westerland Drive to W Loop S in Houston
- I-30:
- Exit 52A to 56C in Dallas and Mesquite
- I-45:
- Exit 63 to 59 in Houston
- FM 1960:
- Westfield Place Drive to Midway Plaza Drive in Harris County
- I-820:
- Exit 33C to 30A in Fort Worth
Types Of Car Accidents In Texas
The type of car accident you are involved in can influence who is considered at fault and whether negligence plays a role.
Sideswipe Collisions
A sideswipe collision occurs when one vehicle ‘swipes’ the side of another. Both vehicles are traveling in the same direction when one car’s side impacts another car’s side.
T-Bone Collisions
T-bone collisions occur when the front of one vehicle collides with the side of another. These often happen at stop signs or traffic lights and may result from one car illegally running through the intersection at the wrong time.
Rear-End Crashes
When one vehicle’s front collides with another vehicle’s rear while traveling in the same direction, this is called a rear-end collision. Usually, the driver of the second vehicle is at fault in rear-end crashes.
Head-On Collisions
When two vehicles traveling opposite directions on a roadway collide with the fronts of their vehicles, this is called a head-on crash. These crashes have a high fatality rate due to the often deadly impact force.
Multiple-Vehicle Accidents In Texas
Any car crash, truck accident, or motorcycle accident involving two or more vehicles is called a multi-vehicle crash.
Hit-And-Run Accidents In Texas
When a vehicle crashes into another car, object, animal, or person and flees the scene, this is called a hit-and-run accident.
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Car Accident Statistics in Texas
Texas roads are some of the riskiest paths you can travel. The high population and large size of the state mean that tons of people are on its numerous roadways every day. In 2022, vehicles traveled almost three billion miles on the roads of one of the deadliest U.S. states.
These statistics can give you an overview of car accidents in Texas:
- There was an accident every day in 2022.
- Though fatalities decreased from 2021 numbers, someone still died in an accident every two hours.
- DUIs occurred most often on Saturdays between two and three in the morning.
- Crashes caused by distracted driving increased by just over 10% between 2021 and 2022.
- Approximately 25% of fatalities involved one or more drivers under the influence of alcohol.
What Types Of Injuries Are Caused In Car Accidents?
Car accidents can range from minor fender-benders to major collisions with catastrophic injuries. If you’ve been injured in a car crash, filing a personal injury claim can help you seek compensation to pay medical bills and other related expenses.
Some of the most common car accident injuries include:
- Head trauma including traumatic brain injuries (TBI)
- Scarring or disfigurement
- Dismemberment
- Burns
- Neck or back damage
- Joint or muscle injury
- Whiplash
- Disability
- Spinal cord damage
- Broken bones
- Paralysis
- Fatality
In instances where serious injuries go undiagnosed or mistreated, you may also be eligible to file a medical malpractice suit against any treating physicians.
Damages To List On A Car Accident Claim
Damages are financial compensation that you can seek to cover the cost of expenses related to your injuries and reimburse you for other impacts on your life. An experienced personal injury legal team like the one at Florin|Roebig can help you to get the maximum possible fair settlement amount from your claim. The two types of damages you can seek are called economic and non-economic damages.
Economic Damages
Economic damages are compensation you can seek as a means of covering the direct costs associated with your accident and injuries.
Examples of economic damages include:
- Current and expected medical expenses, including physical therapy and other treatment
- Lost wages
- Loss of earning ability
- Wrongful death payments (for deceased family members or loved ones)
- Property damage
Non-Economic Damages
Non-economic damages are less straightforward. These damages are meant to compensate people for emotional distress and other similar issues related to the accident.
Some examples of non-economic damages in car accident claims include:
- Pain and suffering
- Mental and emotional anguish
- Punitive damages
- Loss of consortium
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How Can A Car Accident Lawyer Help With Your Case?
Under Texas law, you can represent yourself in a personal injury claim. However, most people opt to hire a lawyer. Why? The average settlement amount for people with personal injury lawyers is higher than those without. A car accident lawyer can help you with your claim in two major ways:
Negotiating Your Settlement Offer
Experienced practitioners of personal injury law know how to get their clients the best possible settlement offer from the insurance company or other liable party. Your lawyers will work tirelessly to negotiate a favorable settlement amount. They will collect documents and other information and present your case to the liable parties, using your losses to leverage a favorable settlement.
Defending Your Case In Court
In rare cases, a settlement might be unattainable outside of court. When you, your attorneys, and the liable party can’t agree on a settlement amount, you have the option to file a lawsuit. If your case goes to court, an experienced attorney can demonstrate why and how much you should be compensated to ensure any verdicts are in your favor.
List Of Top-Rated Texas Car Accident Lawyers Near You
Florin|Roebig’s personal injury law firm has years of experience helping Texas car accident victims get the compensation they deserve after a crash. Our lawyers are based in Dallas and Houston, but we serve clients throughout the state and have an excellent track record.
The Florin|Roebig legal team has won numerous awards and accolades, including a recent selection to the “Best Lawyers in America” list. We are backed by excellent client testimonials and over $1 billion won for our clients in settlement offers.
The award-winning team of esteemed attorneys at Florin|Roebig law firm includes:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chase P. Florin, B.C.S.
- Parker Y. Florin, LL.M.
- Taylor D. Roebig
- John J. Hart
- Lawrence J. Najem, O.C.
- Nollys R. Solarte, O.C.
- Andrew M. Leone, O.C.
Every year since the honor’s inception in 2010, Florin|Roebig has been selected as one of the “Best Law Firms in America” by US News and World Report and “Best Lawyers in America.” With more than 30 years of experience, you can trust that our car accident attorneys will work hard to ensure your case is as successful as possible.
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Connect With Florin|Roebig For Help With A Texas Car Accident Claim
The Florin|Roebig team is here to help you with your Texas car accident claim. We want to see you get the settlement offer you deserve to help you deal with the hardships that follow a crash.
We provide legal services in practice areas across the state, from San Antonio to Dallas and everywhere in between. Contact Florin|Roebig today to chat more or schedule your free case evaluation.
