On average, there are upwards of 400,000 motor vehicle crashes in Texas, resulting in more than 250,00 injuries each year. If you’ve sustained injuries in a car accident, please read on and contact an experienced Tyler, TX auto accident attorney to learn more about how Texas’ car insurance system works and how we can help you.
How does Texas’ car insurance system work?
Texas is very much an at-fault state, which means you may file an insurance claim or lawsuit against the at-fault driver. Furthermore, every driver can be held liable for any damages and injuries he or she causes in a car accident. Within two years, starting from the date of the car crash, the injured person may choose to go to court and file a personal injury lawsuit against the at-fault driver, seeking compensation for medical bills, property damage, pain and suffering and other losses related to the accident.
Who is at fault and how is it determined?
The Lone Star State is not an “all or nothing” state. A jury considers and compares the responsibility of all drivers involved in rendering a verdict as to who bears fault. In other words, more than one person, including you the victim, can be found negligent in an auto collision. Among other factors, the percentage of fault is based on to what extent each driver violates traffic laws. To help prove the other driver was at fault, you should obtain the following:
- Photographs of damage, injuries and the site of the crash
- The contact information of any and all witnesses
- Copies of your medical records
- A copy of the police report from the responding officer
What is modified comparative negligence?
Under this rule, if more than one party is found to share blame for an accident, the plaintiff’s damages award is reduced by a percentage equal to his or her share of fault. For example, if the jury awards you $100,000, but finds you 40% responsible, you are entitled to $60,000 dollars. It should be noted that if you are found to be more than 50% responsible for the crash, you will receive nothing. All this might sound complex and intimidating, so contact a skilled Tyler, TX personal injury attorney who will fight for you and your future.
Contact our experienced Smith County, Texas firm
There are few things more jarring and disturbing than being wrongly injured in an accident. Our firm understands how difficult it can be to recuperate after a serious accident, which is why we are here to help you through the legal process, every step of the way. If you or a loved one were injured in an accident due to another party’s negligence, you need a skilled attorney on your side. Contact J. Chad Parker, PLLC today for an attorney who is ready to fight for the compensation you deserve.