Car accidents are among the most stressful and disruptive events a person can experience. In addition to the emotional and physical toll, there’s the overwhelming task of managing insurance claims, medical bills, damage, and your case’s often complicated legal aspects. In Texas, car accident laws protect your rights as a driver, passenger, or pedestrian, ensuring that those wronged can seek the compensation they deserve. But the aftermath of a car crash can be daunting without the proper guidance.
At Hollingsworth Law Firm, we understand the complexities of a car accident claim. Our experienced Houston car accident attorneys are committed to helping you understand your rights, protecting your interests, and ensuring you can receive full compensation for your injuries and losses.
We will cover your key rights after a car accident in Houston, Texas, and explain the steps you should take to protect those rights.
Your Rights After a Car Accident in Houston, TX
After a car accident in Houston, you have several necessary legal rights. Understanding these rights is essential to protecting yourself and compensating for injuries or damages.
- The Right to Compensation for Injuries
Texas is an “at-fault” state, meaning that the driver responsible for the accident is liable for the damages caused. If the accident was not your fault, you are entitled to compensation for your injuries, medical bills, lost wages, pain and suffering, and damage. You can file a claim with the at-fault driver’s insurance company or pursue compensation through your insurance company if you have coverage.
In cases where the at-fault driver lacks insurance or sufficient coverage, you can file a claim with your own uninsured/underinsured motorist coverage. This is why having the correct type of insurance coverage is essential.
- The Right to File a Personal Injury Lawsuit
If you were injured in the accident, and the at-fault party’s insurance company is not offering fair compensation or denying liability, you can file a personal injury lawsuit. This legal action can help you recover damages for:
- Medical bills (current and future)
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disabilities
To succeed in a personal injury lawsuit, you must prove that the other driver was negligent or reckless in causing the accident. An experienced attorney from the Hollingsworth Law Firm can help you through the complexities of a personal injury lawsuit and ensure that you receive fair compensation.
- The Right to Damage Compensation
In addition to compensation for your injuries, you are entitled to compensation for damage caused by the accident. This may include the cost of repairing your vehicle or the replacement value if your vehicle is a total loss.
If the other driver is at fault, their insurance should cover the damage to your property. If they are uninsured or underinsured, your own insurance policy may cover the damage, depending on your coverage.
- The Right to Seek Compensation for Emotional Distress
Car accidents can have a significant emotional impact. You may experience anxiety, depression, or post-traumatic stress disorder (PTSD) after the accident. In Texas, victims can seek compensation for emotional distress, in addition to physical injuries. These damages can be included in your personal injury lawsuit.
- The Right to Obtain Medical Records and Bills
You have the right to access your medical records and bills, which can be used to support your injury claim. These documents will provide crucial evidence of the severity of your injuries and the medical treatment you’ve received. Keeping detailed records of all medical appointments, treatments, and expenses is vital for your case.
Understanding Texas Comparative Fault Laws
Texas follows a modified comparative fault rule. If you were partially at fault for the accident, your compensation will be reduced by the percentage of fault attributed to you.
For example, if you were deemed 20% at fault, and your damages amounted to $100,000, you would only be entitled to $80,000 in compensation. However, if you are found to be 51% or more at fault, you will be barred from recovering any compensation under Texas law.
Immediate Steps to Take After a Car Accident in Houston, TX
When you are involved in a car accident, your priority should be your safety and the safety of others involved. The following steps should be taken as soon as possible:
- Ensure Safety and Seek Medical Attention: First, assess the situation. If it’s safe, move your vehicle to the side of the road to avoid blocking traffic. Turn on your hazard lights and check for injuries. If anyone is injured, immediately call 911 to report the accident and request medical help.
Even if injuries seem minor, it is recommended that a healthcare professional check them. Some injuries, such as whiplash, may not present symptoms immediately.
- Call the Police: In Houston, you must call the police after an accident that results in injury or damage. The Houston Police Department will file a report, crucial evidence in your case.
Ensure you get a copy of the police report or the report number for reference. The police will also help manage the scene and collect important information.
- Exchange Information: Exchange contact information with the other driver(s) involved in the accident. You should obtain the following details:
- Names, addresses, and phone numbers
- Insurance policy numbers
- Driver’s license numbers
- License plate numbers
- Make and model of the vehicles involved
Be sure to avoid admitting fault at the scene of the accident. Stick to the facts and avoid making statements that could be construed as an admission of liability.
- Gather Evidence: If you can, gather evidence from the accident scene. This can include:
- Photos of the accident scene, vehicle damage, and any visible injuries
- Witness statements and contact information
- Road conditions, traffic signs, or signals that may have contributed to the accident
This evidence can be crucial in building your case later on.
- Report the Accident to Your Insurance Company
You should report the accident to your insurance company as soon as possible. Many insurance policies require that you report accidents within a specific timeframe. Be truthful and provide all necessary details about the accident. Under Texas law, accidents involving injury, death, or property damage exceeding $1,000 must be reported to the Texas Department of Transportation.
Why You Need an Experienced Houston Car Accident Lawyer
The legal system after a car accident can be challenging. The insurance companies may try to minimize your compensation or deny your claim altogether. A dedicated and experienced attorney can help you maximize your compensation and protect your rights.
At Hollingsworth Law Firm, we help car accident victims in Houston recover the compensation they deserve. Our team can:
- Investigate the accident scene and gather evidence
- Deal with insurance companies on your behalf
- Negotiate a fair settlement
- Represent you in court if necessary
Protect Your Rights After a Car Accident in Houston, TX
After a car accident in Houston, protecting your rights and securing the compensation you deserve can be complex. Having an experienced Houston car accident attorney on your side can make all the difference. At Hollingsworth Law Firm, we have the knowledge, experience, and dedication to fight for your rights and help you in the legal system.
Contact Hollingsworth Law Firm today at 713-637-4560 for a free consultation. We’ll review the details of your case, explain your rights, and help you take the necessary steps to get the compensation you deserve.
