Various elements can affect a car accident case, including the severity of injuries and damages. Sometimes you can access the compensation you need to rebuild your life without filing a lawsuit in civil court. Most states follow an at-fault approach to car accidents, meaning the driver whose negligent actions caused the accident is responsible for damages. In certain states, liability may not play a role in your ability to recover your losses. If you sustained an injury from a careless driver, you have the right to recover what you lost, and a car accident attorney could help you.
How Does Fault Work in a Car Accident Case?
Generally, the person who violated traffic laws, causing an accident, is at fault for the damages the accident caused. For example, if someone ran a red light, failed to yield before merging, or was speeding when the accident occurred, that driver is liable for any injuries and resulting losses their negligent action caused.
Proving Negligence in a Car Accident Case
As the injured person seeking compensation, you are responsible for proving the other party’s liability when you file a claim with their insurer or a lawsuit against them. Proving negligence means providing sufficient evidence to support the three following components of a fault claim:
- Duty of reasonable care. The negligent driver owed everyone on the road a duty to drive reasonably and obey traffic laws.
- Violate their duty. The negligent driver did not meet that standard and violated the laws of the road.
- Causation. The negligent driver’s actions resulted in the collision that caused your injuries.
Every driver owes other drivers a duty of care while on public roads. For that reason, the first element of negligence is easy to prove. Typically, you can establish a violation of traffic laws with a police report documenting the crash. The most tedious aspect of your claim is proving the accident directly resulted in your injuries. However, as long as you seek medical attention immediately following the accident, you should have sufficient documentation to support your claim for damages.
Governing Shared Fault
Sometimes the fault in a car accident case is not one-sided. When both parties involved share liability, it can impact your ability to receive compensation. To govern these cases, most states apply the comparative negligence rule. If your case involves comparative negligence, you and the other driver will bear a specific percentage of fault. To hold you liable for your role in the accident, the court will deduct that percentage from the value of your losses. For example, if you are 15% responsible for the accident, meaning you slightly contributed to the cause, and your damages equal $10,000, the most you can receive in compensation is $8,500. That represents the other driver’s 85% of the fault.
Additionally, there are two versions of the comparative negligence rule. Most states, including Texas, follow the modified version. In these states, you can only recover losses if your percentage of fault is less than or equal to the other driver. If you are primarily liable, you can no longer recover your losses. Only a small number of states apply the pure comparative negligence rule, which allows you to recover a percentage of fault as long as the other driver is partially liable, even if they are less responsible.
When Do You Need To Sue for Compensation?
While filing a lawsuit is possible under certain circumstances, it is not always necessary. Texas is an at-fault state, so most claims are resolved with the at-fault driver’s liability insurer. Texas insurers must also offer personal injury protection coverage of at least $2,500 to cover your own medical expenses and lost income after a car accident. If you keep this coverage, it pays regardless of fault, so you do not need to prove fault to recover those losses.
However, there are downsides to using PIP coverage. For example, it only covers a percentage of your lost wages up to a specific amount. Additionally, you cannot use it to recover non-economic losses, which reflect the psychological losses associated with your accident. Because Texas is not a no-fault state, there is no injury threshold to meet before you can file a claim with the at-fault party or a lawsuit against them; you can pursue the negligent driver for the full extent of your losses, including pain and suffering.
Filing a Claim With the Other Driver’s Insurance
Whether you are in an at-fault or no-fault state but qualify to bypass the PIP insurance requirement, you can still recover damages without filing a lawsuit. In fact, most car accident cases settle before you need to file, and even if you do sue the negligent driver, you will likely settle before the case goes to trial. Your first step is typically to file a claim through the defendant’s insurance company and start settlement negotiations. A car accident lawyer can help you gather the evidence you need to prove your right to compensation.
When Do You Need a Car Accident Attorney?
If your injuries are minor and you have minimal damage to your vehicle, you can likely turn to your PIP insurance and quickly recover the compensation you need. However, if you need to file a claim with the other driver’s insurance or must file a lawsuit, consider the ways a car accident attorney can help you:
- They talk to the insurance company for you.
- They investigate your accident to find the necessary evidence to support your claim.
- They protect your rights and ensure the insurance company does undervalue or deny your valid claim.
- They complete all the required paperwork, including drafting your demand letter and filing for a lawsuit if necessary.
- They offer emotional support and professional representation.
Car accident attorneys are experts in personal injury law. They know how to adequately value your claim to ensure the compensation you receive sufficiently reflects your losses. When you have a legal representative, you are more likely to receive a higher settlement and less likely to deal with a combative insurance company.
Can You Schedule a Consultation With a Car Accident Lawyer Anytime?
If you have questions about your case, do not hesitate to contact a car accident lawyer. Whether you need help battling a combative insurance company or you think it is time to file a lawsuit against the at-fault driver from your accident, a lawyer can help you better understand your legal options. Several factors can complicate a car accident case, but an attorney will ensure no one violates your right to compensation.
At Fielding Law, our legal team works with victims of negligent drivers daily. We understand the physical and emotional impact of a severe accident and can help without adding to the financial strain. Your initial consultation is free, and if we work together to build your case, we only collect payment for our services if we can secure a settlement or award for your case. Whether you need immediate representation or want someone to answer your questions, you can contact Fielding Law at (877) 880-4090 to schedule your free case evaluation today.
