Justia Lawyer Rating
Justia Lawyer Rating
National Bar Association
Fort Bend County Bar Association
State Bar of Texas
United States District Court of Southern Texas
Texas Supreme Court
Avvo Reviews Badge
Texas Bar College
Expertise Best Divorce Lawyers in Houston

How Car Accident Compensation Works in Texas

A car accident can happen at any time. You may not think about it until you get to the hospital and realize there's an injury. Or maybe you just feel like something isn't right after the fact. Either way, when you're injured in a car accident, you need to understand what happens next. Your first step should be to call a lawyer. A personal injury attorney will help you file a claim against the driver responsible for causing your injuries. He'll also advise you on whether you have a legal basis to sue. If you do, he'll represent you throughout the lawsuit.

In Texas, if you're injured in an auto accident, you may be eligible for compensation. You'll need to file a claim with your insurer. If you've had a previous claim, you should check whether your policy covers this incident. You'll also need documentation of the accident, including police reports, witness statements and medical records. Your attorney will help you gather all the evidence you need. Once you've collected everything, you'll need to submit a claim to your insurer. If you win, you'll receive money to cover your expenses and lost income.

Texas Is a “Fault” State for Car Accidents

In Texas, if you are injured in a car crash, you may file a personal injury claim against the other party's auto insurance policy. If you are not at fault, your own insurance will cover your medical bills and lost wages. However, if you are found liable, you must pay the other party's car insurance deductible before any money is paid out to you.

If you have certain types of coverages on your auto insurance policy, you may be able to file a first-party claim with your own insurance provider. First-party claims are often referred to as “no-fault” claims because they are not related to any third party action. For example, if you were hit while driving your own vehicle, you could file a first-party auto insurance claim. You would need to contact your insurance provider to determine whether you had sufficient coverage to file a first-party claim.

What Happens if You're Partially at Fault?

In Texas, damages are usually divided among all those responsible for an accident. If you're at fault, you'll pay the full amount of damages. If someone else is at fault, you may still receive some money back from them. But, if you're not at fault, you won't owe anything.

The modified Comparative Fault Rule means that you can recover if you are not more at fault than the defendant. So if you are 50% at fault, you still get half of what you were entitled to. If you are more than 50% at fault, though, then you cannot recover anything.

What Does Car Insurance Cover in Texas?

In Texas, all drivers must carry minimum amounts of auto insurance. These minimums vary depending on your age, driving record, and other factors. If you're under 25 years old, you need at least $15,000 per person/$30,000 per accident. For those aged 25–44, you'll need $20,000 per person/$40,000 per accident. And if you're 45 or older, you'll need $25,000 per person/$50,000 per accident. You also need to carry uninsured motorist coverage. This will cover you if someone hits you while you're not wearing your seatbelt and doesn't have enough insurance to pay for damages. Finally, you need to carry property damage liability insurance. This covers any damage caused by your car.

$25,000 for property damages in a single accident. You must carry liability insurance if you drive in Texas. If you choose to add other types of coverage, you will need to pay extra for them. For example, collision and comprehensive coverages pay for damage to your car when there is an accident or fire/vandalism, respectively.

Personal Injury Protection (PIP), also called No Fault Insurance, is a form of automobile insurance designed to protect drivers against financial losses due to injuries sustained in car accidents. Medpay is a type of personal injury protection that covers medical expenses incurred in an auto accident. Uninsured Motorist coverage provides compensation for damages caused by motorists who do not carry adequate insurance. Underinsured Motorist coverage compensates victims when the at-fault party does not have enough insurance to pay for all damages.

What if the At-Fault Driver Doesn't Have Insurance?

If you have uninsured and underinsurance coverage on your car insurance policy, you may be eligible to recover damages from an at-fault driver and their insurer. You can also recover damages from a phantom vehicle that causes injuries.

If you're not covered by insurance, you'll need to pay out of pocket for any damages that result from an auto accident. You could also try contacting an auto accident lawyer to see if there are any other ways to recover compensation.

Other Parties That Can Potentially Pay for a Car Accident in Texas

Most car accidents are caused by drivers who are not paying attention. But sometimes manufacturers can also be at fault. If your car breaks down while driving, you might be able to hold the manufacturer liable for any damage to your vehicle. You could even sue them if they didn't warn you about the problem before it happened.

“Drinkers' bar” liability:The Dram Shop Act also applies to situations where a bartender serves an obviously intoxicated patron who later injures another party. However, there must be evidence that the bartender knew that the patron was obviously intoxicated at the time of service. If the bartender did not see the patron drink any alcoholic beverages, then the bartender cannot be liable for serving him.

You need an experienced lawyer because we will investigate and identify every possible cause of your loss. We will also help you understand what you can expect when pursuing car accident compensation. You may not get everything you deserve, but at least you'll know what you're getting.

Your Car Accident Claim Should Include Compensation for All Your Losses

If you were injured in an auto accident, you may be entitled to financial compensation for your injuries. These damages can include medical bills, medication, medical equipment, surgery, physical therapy and other medical expenses. You also may be eligible for lost wages if you missed time at work due to injury. If you are not working, you may be entitled for loss of future earnings. Loss of earning capacity can be calculated using the formula below:

Loss of Earning Capacity ((Future Earnings – Actual Earnings)/(Plaintiff’s Life Expectancy)) × 100%

Injuries can cause lost wages and lost future earnings. If you're unable to work because of an injury, you may not be able to pay rent, buy groceries, or even get medical care. You might also lose out on opportunities to advance at work or earn higher income in the future. Your family will likely need to spend money on child care, housekeeping, or other household duties that you could otherwise provide. And you'll probably suffer pain and discomfort from your injury.

Your property damage claim should cover all costs associated with the accident, including the repair or replacement of your vehicle, the cost of any medical treatment you received, and any other expenses you incurred because of the accident. You may also receive compensation for lost wages and out-of-pocket expenses related to the accident.

If you were injured in an accident caused by another driver, you could be eligible for additional compensation through a personal injury claim.

Your Best Shot at the Most Compensation Is to Hire an Experienced Car Accident Lawyer

In Texas, you only get one chance to file a personal injury lawsuit against an insurance company. After that, the clock starts ticking. If you miss the deadline, you won't be able to sue again unless you can prove that you were prevented from filing earlier due to fraudulent conduct by the defendant. And even if you can show that someone intentionally kept you from suing, you still need to prove that you suffered damages as a result.

If you've been injured in a car accident, you're probably wondering if you should hire a lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, Stafford, Texas at Thornton Esquire Law Group, PLLC, to help you get compensated for your injuries. Contact us today for a free consultation.

Client Reviews
Selecting an attorney can be one of the most difficult decisions a person has to make. In what seems like an overwhelming sea of attorneys who do you choose? Are they qualified, compassionate, and are they willing to fight for you without compromising their integrity? When faced with this decision in 2016 I received this and more when I retained Rahlita Thornton as my attorney. Since 2016 she has represented me on several court cases and I've never been disappointed. She is well versed and very knowledgeable on many aspects of the law. Attorney Thornton and her staff work diligently to ensure no stone is left unturned and justice is served. When I was crippled with fear, bullied, and felt like giving up she was my voice. She is highly recommend and I'm truly blessed to have her in my life. TTW
It was a divine power that drove me to call. There are ton of lawyers online but I knew this attorney was the one for me. C.B., Divorce Client
Attention & communication is very good when working with this professional legal team. They are here to help you whenever questions arise and explain details as they go. Thank you for taking the time to accept my case & working with me. P.L.