Car Accident Compensation in Texas

Car Accident Compensation in Texas: What You Need to Know

Car accidents can be devastating, leaving victims with physical injuries, emotional trauma, and significant financial burdens. If you’ve been involved in a car accident in Texas, understanding the compensation you may be entitled to is crucial for recovering your losses. Texas follows specific laws that determine how car accident claims are handled, and knowing your rights can help ensure you receive fair compensation.

In this blog, we’ll break down the key factors that affect car accident compensation in Texas and what steps you should take to maximize your claim.

Texas is a Fault State

Texas operates under a “fault” system when it comes to car accidents, meaning the driver responsible for the accident is liable for the damages. If another driver caused the accident, you could seek compensation from their insurance company or file a lawsuit against them directly.

There are three main options for recovering compensation after a car accident in Texas:

1. Filing a claim with your own insurance company (if you have the appropriate coverage).
2. Filing a claim with the at-fault driver’s insurance company.
3. Filing a personal injury lawsuit against the at-fault driver.

Each option depends on the circumstances of the accident and the extent of your damages.

Types of Compensation Available in Texas Car Accidents

Victims of car accidents in Texas may be entitled to compensation for both economic and non-economic damages. Here’s a breakdown of the most common types of compensation:

1. Medical Expenses

If you’ve been injured in a car accident, you can recover compensation for your medical bills. This includes costs for:

• Emergency room visits
• Hospital stays
• Surgeries
• Physical therapy
• Prescription medications
• Future medical treatments related to the injury

It’s important to keep detailed records of all your medical expenses and related treatments to ensure they are included in your claim.

2. Lost Wages

Car accidents often result in time off work due to injuries. You can seek compensation for lost wages if you missed work while recovering. Additionally, if your injuries prevent you from returning to your previous job or earning the same income, you may be entitled to compensation for loss of future earning capacity.

3. Property Damage

After a car accident, you are likely dealing with damage to your vehicle and possibly other personal property. Compensation for property damage covers the cost of repairing or replacing your car and any other items damaged in the accident, such as electronics or personal belongings inside the vehicle.

4. Pain and Suffering

In addition to economic damages, Texas law allows victims to seek compensation for non-economic damages, such as pain and suffering. This includes physical pain, emotional distress, mental anguish, and any diminished quality of life caused by the accident.

5. Loss of Consortium

If the accident affects your ability to maintain normal relationships with your spouse or family, you may be able to recover compensation for “loss of consortium.” This covers the impact of the accident on your personal relationships.

6. Punitive Damages

In rare cases where the at-fault driver’s actions were especially reckless or malicious, Texas courts may award punitive damages. These damages are meant to punish the at-fault driver and deter similar behavior in the future. Punitive damages are not common and usually apply in cases involving drunk driving, extreme negligence, or intentional misconduct.

Modified Comparative Negligence in Texas

Texas follows a “modified comparative negligence” rule when determining compensation in car accident cases. Under this rule, you can still recover compensation even if you were partially at fault for the accident, as long as you are not more than 50% responsible. However, your compensation will be reduced by the percentage of your fault.

For example, if you are found to be 20% at fault for the accident and your damages total $100,000, your compensation will be reduced by 20%, meaning you would receive $80,000.

Insurance Requirements in Texas

Texas law requires drivers to carry minimum amounts of liability insurance to cover damages in the event of an accident. As of 2024, the minimum liability coverage required in Texas is:

• $30,000 for bodily injury per person
• $60,000 for bodily injury per accident
• $25,000 for property damage per accident

However, these minimum amounts may not be enough to cover all the damages in a serious accident, especially if multiple people are injured or there is extensive property damage. In such cases, it may be necessary to pursue additional compensation from the at-fault driver or your own insurance policy.

Steps to Take After a Car Accident in Texas

To ensure you receive fair compensation after a car accident in Texas, it’s important to take the following steps:

1. Seek Medical Attention
   Your health and safety should be your top priority. Seek medical attention immediately after the accident, even if your injuries seem minor. Some injuries may not show symptoms right away, and delaying treatment can impact your health and your ability to recover compensation.
2. Gather Evidence
   Collect as much evidence as possible at the scene of the accident. This includes taking photos of the vehicles, any visible injuries, and the accident scene. Get the contact information of any witnesses and keep copies of the police report and medical records.
3. Report the Accident
   In Texas, you must report an accident to the police if it results in injury, death, or property damage exceeding $1,000. Failing to report a serious accident could affect your ability to recover compensation.
4. Contact a Car Accident Attorney
   Navigating the legal process after a car accident can be complicated, especially when dealing with insurance companies. An experienced car accident attorney can help you understand your rights, negotiate with insurance companies, and ensure you receive the compensation you deserve.
5. Avoid Settling Too Quickly
   Insurance companies may offer a quick settlement to minimize their payout. However, these initial offers are often much lower than what you’re entitled to. Before accepting any settlement, consult with an attorney to make sure you’re getting fair compensation for your injuries and damages.

How The Dashner Law Firm Can Help

Car accident compensation in Texas is designed to help victims recover from their injuries, cover medical expenses, and get back on their feet after an accident. Understanding the types of compensation available, the role of fault in determining your claim, and the importance of hiring an attorney can help you maximize your recovery.