Texas is one of several “fault” insurance states, meaning that you have the right to file a claim against the other driver or his insurance company after an accident. In order to win your case, your attorney needs to prove three things:
- Negligence. What in legal terms is called “breach of duty”. Did the person responsible behave in a manner a reasonable person would consider reckless? Or did he take an appropriate amount of care, given the particular circumstances, to prevent injuries? In most cases, it is the drivers who are the focus of an accident claim. But if a commercial vehicle is involved, the business owner might be held liable (if for instance, he didn’t maintain the vehicle properly). Or if the driver is a minor child, his parents might be held responsible as well.
- Negligent cause. Did that negligence directly cause the accident? One of the best proofs of that, for a civil case, is if the police filed charges against the other driver relating to the incident. Your attorney can provide experts in reconstructing the accident.
- Damages. Were there any personal injuries or damage to your vehicle? You could be entitled to recover for medical costs (in and out patient), lost wages and pain and suffering. If the court considers that you are partially at fault, you may still be able to claim a percentage of the damages, depending on how they distribute the blame. If the other driver is not insured, then your claim can be made against your own insurance company.
Even a straight forward case can require a complex calculation of damages, injuries and liabilities. An auto accident attorney is your surest means to the result you are due.
Disclaimer: This article cannot take the place of the specific legal advice you need regarding your own situation. To discuss the needs of your personal case, please contact us.