What You Need To Know To Protect Your Rights
Texas consistently ranks near the top for the number of car, truck, and motorcycle accidents every year. If you’ve been hurt in any type of motor vehicle mishap in the Lone Star State, there are certain things you need to know to protect your rights.
What Must You Show To Recover Damages for Motor Vehicle Accident Injuries in Texas?
Most personal injury claims, including most auto accident claims, are based on legal allegations of negligence. To prove negligence, you must show that:
- The defendant (person from whom you seek compensation) failed to act reasonably under the circumstances,
- Causing an accident,
- Which resulted in you suffering actual losses.
In Texas, as in all states, the jury ultimately decides what constitutes reasonable behavior and whether the actions of the defendant met that standard.
How Do You Recover for Your Losses in Texas?
When you’re hurt on the roads, the first place you commonly turn to is an insurance carrier. Texas is among the majority of states (nearly 40) that follow the “at-fault” principle with respect to injury and loss suffered in a motor vehicle accident. That means that, in the aftermath of a motor vehicle accident, the party who caused the accident must compensate any injured parties. Accordingly, the at-fault party’s insurer must cover your losses within policy limits. This doesn’t necessarily mean that you must file against the other insurance company. In some cases, your insurer may pay some or all of your claims and use a process known as subrogation to recoup payment from the at-fault party’s insurer.
In many situations, even though you receive an adequate settlement from the at-fault party’s insurer, you may still want to file a personal injury lawsuit, naming the at-fault party and their insurer as defendants. The sooner you hire a proven personal injury attorney, the sooner your rights will be protected.
What Happens If You’re Partially At-Fault for Causing a Motor Vehicle Accident?
Texas adheres to the legal principle of modified comparative negligence, which means that you can recover for some of your losses even if you contributed to causing the accident, provided you were not more than 50% responsible. For example, if you are involved in a crash and sustain $500,000 in losses, but the jury determines that you were 25% liable, your damage award would be reduced by $125,000 (25% of $500,000) and you would receive $375,000.
Do You Have to Report a Motor Vehicle Accident to Law Enforcement Authorities in Texas?
In Texas, you must file a police report after an accident in any of the following circumstances:
- The accident caused personal injury or death.
- The accident caused property damage in excess of $1,000.
- There is reasonable suspicion that one of the parties was drinking and driving.
- The at-fault party fled the scene of the accident.
- Any party to the accident lacks motor vehicle insurance.
Failure to properly report an accident may be charged as a misdemeanor and could cause you to lose your driving privileges.
Contact the Proven Motor Vehicle Accident Attorneys at Bailey & Galyen
At Bailey & Galyen, we have fought to protect the rights of those injured in Texas motor vehicle accidents for more than four decades. Over the past 40+ years, we have recovered hundreds of millions of dollars in verdicts and settlements for our clients. We have a comprehensive understanding of the causes of motor vehicle accidents, as well as the potential injuries. Our attorneys can help you seek full and fair compensation for your losses. Contact us by e-mail or call our offices. Our phones are answered 24 hours a day, seven days a week.
