In Texas, fault plays a significant role in compensation after a car accident. Our state uses a modified comparative negligence rule. If you are over 50% responsible for the accident, you cannot seek compensation from the other party. However, if your fault is 50% or less, you can still pursue compensation, but your share of the fault will reduce your recovery.
How to seek compensation
Right after an accident, there are essential steps to take to safeguard your rights and potential compensation. First, stay at the scene. Leaving could be considered a hit-and-run, leading to profound consequences. Ensure your safety by checking for injuries and moving out of traffic.
Contacting the authorities can also be helpful since they will provide an official accident report that can be useful later. While you wait for them to arrive, you can take photos of the accident scene, vehicle damages and any visible injuries. These images can help support potential claims and legal proceedings.
Lastly, even if you feel fine, visiting a doctor can be beneficial in the long run. A medical professional can identify hidden injuries and provide treatment. This way, you can seek compensation for these damages. Then, you can notify your insurance company about the accident and start your claim.
Filing a Claim
Depending on the circumstances, you can file a claim with either the at-fault driver’s insurance or your own. If the other driver is at fault, their insurance should cover your car repairs, medical bills, and other losses. Still, be prepared for potential disputes about fault or coverage limits.
When pursuing compensation, you can request both economic and non-economic damages. Economic damages include concrete losses like medical bills, car repairs, and lost income. Non-economic damages include compensation for experiences such as physical and emotional pain, mental anguish, and the loss of close personal relationships.
Texas imposes certain limitations on damages, particularly in cases involving public servants or community service programs. Additionally, there is a two-year statute of limitations for filing a personal injury lawsuit, so it is crucial to act promptly. If you have questions, contact a car accident attorney to guide you and defend your rights.
Dealing with the aftermath of a car accident can be complicated, especially regarding fault and compensation. Understanding Texas’ modified comparative negligence system is key to recovering damages. If you feel overwhelmed, consulting with a Texas car accident attorney can provide guidance tailored to your situation.