Getting into a car accident is a shocking experience. One minute, you are driving along, and the next, everything changes. Suddenly, you are dealing with injuries, doctor’s appointments, car repairs, and complicated insurance paperwork. The pain, confusion, and endless questions about what’s next feel overwhelming. At Harrison Davis Morrison Jones, we help you find clarity in the chaos.
We have witnessed personally how painful and devastating a car accident can be. That’s why our team of Texas car accident lawyers helps people just like you during this tough time. We care about what you are going through. Whether it’s an accident caused by a distracted driver, a drunk driver, or someone just not paying attention, we are here to fight for you. We investigate every detail of your case, handle the insurance companies, and work diligently to get you the compensation you need to pay the bills.
Our team has decades of experience and a track record of standing up for Texans like you. Call us today for a free consultation.
What You Need to Know About Texas Car Accident Claims
Most car accident victims don’t even know that they can claim compensation for the damage they have faced. If you are also looking for ways to manage your bills and other expenses, we will help you understand how Texas car accident claims work.
- Texas Is a “Fault” State
Texas has a fault-based system for car accidents, meaning the driver responsible for the accident is also responsible for covering damages. You need to file a claim with the at-fault driver’s insurance company. However, don’t be surprised if the insurance adjuster tries to downplay your injuries or lowball your settlement. That’s why having experienced legal representation is important.
- Texas’s Minimum Insurance Requirement
Texas law requires all drivers to carry minimum liability insurance. This is referred to as 30/60/25 coverage. It means:
- $30,000 for bodily injury liability per person.
- $60,000 total for bodily injury liability per accident.
- $25,000 for property damage per accident.
This liability coverage is designed to protect other people if you cause an accident. This is just the minimum; higher coverage limits are always recommended.
- If the Responsible Driver Lacks Insurance
Sadly, some drivers in Texas don’t carry insurance. If you have uninsured/underinsured motorist coverage, you can file a claim with your own insurance company. Without this coverage, recovering compensation can be more difficult.
- Who Else Could be Held Responsible?
In some cases, parties other than the driver may be liable. This could be:
- Vehicle Manufacturers: If a defect in the vehicle caused or contributed to the accident.
- Establishments Serving Alcohol: If a bar or restaurant over-served a driver who then caused an accident.
Common Car Accident Injuries in Texas
According to the Texas Department of Transportation (TxDOT), in 2023, there was an injury crash every 2 minutes and 4 seconds in Texas. This shows the unfortunate frequency of injuries resulting from car accidents in our state.
One of the most frequent injuries is whiplash, caused by the sudden jolt of the neck during a collision. This can result in neck pain, stiffness, headaches, and dizziness.
Back injuries, including strains, sprains, herniated discs, and fractures, are also common due to the forces involved in car accidents. The injuries can cause pain and limit mobility.
From mild concussions to more severe traumatic brain injuries (TBIs), head injuries are a serious concern. Concussions can cause headaches, confusion, and memory problems. TBIs can have long-term and deliberating effects.
Even less visible injuries, like internal bleeding or organ damage, can have life-threatening risks. If you have been in an accident, prioritize your health by getting medical care and documenting your injuries for your claim.
Most Common Causes of Car Accidents in Texas
Texas roads are busy, and unfortunately, accidents happen all too often. Here are some of the most common causes of car accidents in Texas:
- Distracted Driving: This is a major concern nationwide, and Texas is no exception. Texting, talking on the phone (even hands-free), eating, or adjusting the radio divert your attention from the road, which increases your risk of a crash. According to TxDOT, in 2023, distracted driving contributed to 89,529 crashes in Texas, resulting in 12,299 possible injuries.
- Speeding: Driving above the speed limit reduces your reaction time and stopping distance. It is harder to avoid collision, especially in unexpected situations. In 2023, speeding was a factor in 138,927 crashes in Texas, with 23,558 resulting in possible injuries.
- Driving While Intoxicated (DWI): Alcohol and drugs impair judgment, coordination, and reaction time. Even a little bit of impairment increases your risk of causing a serious accident. In 2023, 1,090 fatalities occurred in crashes involving drivers under the influence of alcohol, totaling 25.45% of all traffic deaths in Texas.
Apart from these major causes, there are other factors to be aware of, such as:
- Aggressive driving
- Reckless driving
- Improper lane changes
- Following too closely
- Poor weather conditions
What to Do After a Car Accident in Texas
Being involved in a car accident is frightening and confusing. You need to stay calm in the aftermath and take the following steps to protect yourself and your rights:
- Check yourself and your passengers for injuries. If anyone needs medical attention, call 911 immediately. If the accident is minor and everyone is okay, move your vehicles out of traffic to avoid further congestion.
- Turn on your hazard lights and set up flares (if available) to warn oncoming traffic. Document the scene with photos or videos on your phone, capturing damage to vehicles, skid marks, and any road signs or traffic signals.
- Collect contact information from all involved drivers, including names, phone numbers, and insurance details. Note down the license plate numbers and vehicle descriptions of all parties involved.
- If the accident involves injuries, property damage exceeding $1,000, or a hit-and-run driver, you are legally obliged to file a crash report with the Texas Department of Transportation within 90 days.
- Even if you feel okay initially, see a doctor to get checked for potential injuries.
- Notify your insurance company about the accident as soon as possible. They will guide you through the claims process.
How Long Do I Have to File a Car Accident Claim in Texas?
The time limit to file a car accident case is known as the statute of limitations. The time limit in Texas depends on who you are filing against:
- Against Another Driver: In most cases, you generally have two years from the date of the accident to file a personal injury lawsuit against the at-fault driver or their insurance company.
- Against a Government Entity: If your accident involved a government vehicle or entity (like a city bus), the timeframe is stricter. You typically only have six months to file a notice of claim with the specific government agency involved.
Please note that these are deadlines, and waiting until the last minute can be risky. Evidence can fade over time, and witnesses may become harder to track down. Consulting with an attorney as soon as possible after your accident is recommended. They make sure all your deadlines are met and your legal rights are protected.
How Our Trusted Car Accident Lawyers Will Help You Secure Compensation
The aftermath of a car accident leaves you with physical injuries, medical bills, and lost wages. Handling legal aspects during such a tough time simultaneously is very difficult. At Harrison Davis Morrison Jones, our dedicated Texas car accident lawyers will fight for you to get you the compensation you need to deal with this situation.
Here’s how we do it:
- Investigating Your Case: We investigate the accident thoroughly, gather evidence, and identify all liable parties.
- Building a Strong Case: Our experienced attorneys will build a strong case on your behalf, documenting and supporting all your damages.
- Negotiating with Insurance Companies: We will handle complicated insurance negotiations, fighting for a fair settlement that reflects the complete details of your losses.
- Taking Your Case to Court (if necessary): If a fair settlement cannot be reached, we will take your case to court to secure the compensation you are entitled to.
Call Our Texas Car Accident Lawyers Today for a Free Consultation
If you have been injured in a car accident in Texas, you may be entitled to a personal injury claim. However, you need an experienced car accident lawyer to help file the claim. Harrison Davis Morrison Jones provides compassionate and effective legal representation.
You can schedule a free consultation with us to discuss your case. During this consultation, we will understand your situation and how the accident happened, answer your questions, and explain your legal options. You will get an idea of your rights and how we can fight for the compensation you deserve.
There’s no risk in reaching out. We work on a contingency basis, meaning you don’t pay us any fees unless we recover compensation for you. Don’t wait to get the legal help you need. Call our Texas car accident lawyers today for a free consultation and take the first step toward recovery.
Texas Car Accident FAQs
Q: What should I do when injured in a car accident?
A: If you are injured in a car accident, your immediate priorities should be safety and health. First, check yourself and others for injuries and call 911 if needed. If possible, move to a safe location away from traffic. Exchange information with the other driver(s), including insurance details. Get medical attention immediately, even if you feel okay. Some injuries may not show symptoms right away. Report the accident to the police, and then contact experienced car accident attorneys as soon as possible to protect your rights.
Q: What factors can affect the value of my car accident case in Texas?
A: There are many factors, including the severity of your injuries and the extent of medical treatment needed, the amount of lost income due to time off work, and any property damage to your vehicle. The degree of fault assigned to each driver also affects the value. If you share some part of the blame for the accident, it can reduce your recovery amount. Other factors like the availability of insurance coverage and the impact the injuries have on your daily life and future earning capacity also have an effect. Consult with an attorney to clarify your case’s specific value.
Q: What types of damages can I recover in a Texas car accident case?
A: You may be able to recover several types of damages. These generally fall into two categories: economic and non-economic. Economic damages cover your financial losses, such as medical expenses (past and future), lost income, and property damage. Non-economic damages address losses like pain and suffering, emotional distress, and loss of enjoyment of life. In some rare cases, punitive damages may be awarded to punish the at-fault party for gross negligence or intentional misconduct. An experienced attorney can help determine which damages apply to your situation.
Q: How much does a car accident lawyer charge in Texas?
A: Most car accident lawyers, including us, work on a contingency fee basis. This means you don’t pay any upfront fees. Instead, the attorney’s fees are a percentage of the final settlement or court award they secure for you. This percentage is typically agreed upon beforehand. If they don’t recover any compensation for you, you generally don’t owe them any attorney fees. This arrangement makes legal representation accessible to anyone, regardless of their financial situation.
Q: How long will it take to settle my car accident case in Texas?
A: The timeline varies depending on several factors. Simple cases with clear liability and minimal injuries may settle relatively quickly, probably within a few months. More complicated cases involving serious injuries, disputed liability, or extensive negotiations can take much longer, possibly a year or more. Litigation, if necessary, will also extend the timeframe. A thorough investigation and negotiation process are required to achieve a fair outcome. Consulting with an attorney can provide a more personalized estimate based on your circumstances.
Q: What is the time limit to file a car accident claim in Texas?
A: In Texas, the statute of limitations for filing a personal injury claim related to a car accident is generally two years from the accident date. This means you have two years to file a lawsuit against the at-fault driver. However, if the accident involves a government entity, the timeframe for filing a claim is shorter, typically six months. Missing these deadlines can permanently bar you from recovering compensation, so you should consult an attorney as soon as possible after an accident to protect your legal rights.
Q: Who should I call immediately after leaving the scene of a car accident?
A: Your first call should be to 911 to report the accident. Then, call a medical professional if anyone is injured. Even if you feel fine, it’s advisable to see a doctor for a check-up, as some injuries have delayed symptoms. Next, you should contact your insurance company to inform them about the accident. Finally, contact a car accident attorney to get advice on your legal rights and understand the challenges of the claim processes.
REQUEST A FREE CONSULTATION
Contact the experienced litigation attorneys at Harrison Davis to schedule a free consultation and get the answers you need.