Injured in a car accident in Texas? What Now?Texas roadways are busy with traffic, especially semi-trucks, making long drives through cities such as San Antonio, Austin, Fort Worth and Dallas. If you have been injured in a car accident and are suffering from a serious car accident injury, a Texas car accident lawyer can help.
Can I file a car accident law suit in Texas
Texas is a tort state, and drivers who are injured in a car accident from another drivers negligent actions can file a car accident law suit. Texas drivers can only win a car accident law suit if they can prove the other driver was negligent and breached their duty of care with their unreasonable actions. Negligent driving can include speeding, drunken driving and running a red light. The plaintiff must also prove the negligence contributed to the car accident and caused them injury or loss. Loss can be economic or non-economic. If the plaintiff wins their car accident law suit they may be awarded the following types of car accident injury compensation:
- Paid medical care for current, future and past medical expenses
- Payment for property damage
- Compensation for pain and suffering
- Punitive damages- if the defendants actions are unlawful and egregious
- Compensation for lost wages (current and future)
Personal injury claims or car accident claims must be filed within 2 years from the date of injury (with some exceptions). Texas also uses the modified comparative fault rule which means if the court determines the plaintiff is more than half responsible (51%) for their car accident they can not recover damages. If they are less than 51% responsible, they can be awarded damages, but damages can be reduced by the amount of their guilt.
Do I need Texas car accident lawyer?
Texas drivers who have been involved in a car accident with no car accident injuries and very little property damage may be able to get enough compensation from their PIP coverage or easily settle their car accident claim with the insurance company. If however, you have car accident injuries which are not covered by your PIP policy, or if your car accident injuries were caused by another driver and you are in dispute with the insurance company over the amount of compensation you should be paid, a Texas car accident lawyer can help.
Car accident insurance in Texas
Texas car insurance laws require Texas drivers to purchase the following types of car accident insurance:
- Liability Coverage which pays for the expenses of other drivers or occupants who are injured in a car accident. Payment is made up to your police limit and provides compensation for medical care, funeral costs, pain and suffering and lost wages. Car replacement coverage and punitive damages (if awarded by the court) are also paid. $20,000 of liability coverage must be purchased for one person, $40,000 for more than one person and $15,000 of property replacement coverage.
Texas is considered a tort state, but no-fault car accident insurance can be added on as additional coverage.
- Personal Injury Protection (PIP) coverage, if it is added on to your car accident insurance coverage, provides medical payments, 80% of your lost income and replacement service benefits. Texas insurance companies must offer a minimum of $2,500 of PIP insurance coverage but more can be purchased. PIP coverage must be rejected in writing if you do not want it.
The following types of coverage are not required, but if purchased, may offer your family additional car accident insurance protection.
- Uninsured/Underinsured Motorist (UM/UIM) Coverage is also available to pay for expenses from an accident caused by an uninsured or underinsured motorist. Uninsured/underinsured motorist coverage pays for medical costs, lost wages and pain and suffering and property replacement if you have been injured or involved in a car accident caused by a an uninsured motorist.
- Collision insurance can also be purchased to pay for the cost of repairing your car regardless of who caused the accident or who was driving your car. Comprehensive coverage can also be purchased to repair your car if it is stolen or damaged by hail or fire.