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You can easily file a car accident claim in any state. Sometimes you must, especially if you feel you deserve damages following a wreck. If an irresponsible driver hits your vehicle, you can hire a lawyer and bring legal action against them.
In this article, we’ll discuss a few things you should know about Texas car accidents. You should keep these facts in mind if you’re ever considering a lawsuit following an accident.
Texas Has an At-Fault Policy Throughout the State
Texas has an at-fault personal injury claim policy. Only some states have that. It means that if you’re collecting money from a lawsuit, you must first prove that the other driver caused your injuries.
You might need eyewitnesses if proving that becomes your goal. If someone walking past saw the other driver hit your vehicle, and they obviously behaved recklessly or broke the law, proving they harmed you becomes much easier.
Maybe you can hire a law firm that has investigators on the payroll. They might find some video footage showing the accident. If they can do that, the footage might prove the other driver caused the accident.
If so, you’ll likely collect some money. You have the burden of proof in Texas car wreck cases if you sue the other driver, so the more evidence you have, the better.
How Much Money You Can Collect Varies
You can’t expect a set amount of money in Texas car accident claim cases. If you sue another driver, and you can prove they hurt you through their reckless actions, you will likely get some cash. How much money you’ll get varies depending on what exactly the other driver did and how badly they hurt you.
If another driver hits your back bumper slightly in Texas, maybe your car sustains a little damage. You have a damaged fender, and you also sustain whiplash. You only have a mild case, though. You start feeling better a couple of weeks later after treatment with a neck brace and ice packs.
You can’t expect millions in these cases. You might win your case if you can prove the other driver did someone egregiously wrong, and that’s what caused the accident. Still, you can’t expect life-changing money following the crash.
On the other hand, if the other driver T-bones your car, and they did so because they consumed alcohol before driving, then you’ll likely collect much more money. If you sustained broken bones and needed surgery after the wreck, your pain and suffering should impact how much cash you get.
The worse the other driver’s conduct, and the worse they hurt you, the more money you will probably receive. If the other driver behaved irresponsibly, and their recklessness caused the accident, you might get a significant windfall from that.
Many Drivers Settle Before a Jury Verdict
You probably feel that if you’re suing another driver in Texas, you will collect your money following a jury verdict. In reality, things rarely go that way. More often, the other driver settles before the jury verdict comes into play.
That’s because if it becomes obvious the other driver hurt you and they caused the accident, their lawyer might see the trial going against them. They may risk a jury verdict, but it’s more likely they will suggest their client settle with you.
They might offer you some money so that you stop the trial. It’s your prerogative whether accepting the offer makes sense or whether you should keep going and let the jury decide.
If you let the jury decide, you might get more money than if the other driver offers you as a settlement, but you may also get nothing. If you have abundant evidence, you’ll probably win the lawsuit, but you never know with juries. The decision might go against you, and then you’ll walk away with nothing.
Which Lawyer You Get Makes a Huge Difference
Which attorney you hire in a Texas car accident lawsuit makes a difference. When you’re looking around and deciding which lawyer you should hire, you’ll want one that does car accident cases. If you find a neophyte attorney who’s never done a case like this before, you probably want someone else.
If the other driver’s lawyer knows they’re going up against an attorney who has a great reputation and always wins their lawsuits, there’s an intimidation factor happening. They might suggest that their client settle very early in the process because they know that your lawyer never or seldom loses.
If you can hire a Texas lawyer or law firm that has a sparkling industry reputation, you should feel you have a strong case. They can argue on your behalf and convince a jury if the other driver won’t settle, but usually, their name recognition will win your case for you.
Distracted Driving Causes More Damage than Virtually Any Other Behavior
Many things can cause car wrecks in Texas, but you should know that distracted driving causes more accidents than just about anything else. Drunk driving causes its share of wrecks, but people letting various things distract them lands drivers in court all the time.
A driver might hit your car if they get some food at a drive-through and they’re eating while driving.
They might argue with a passenger and hit your car because of that.
They might have kids in the backseat distracting them. Maybe they see someone attractive walking by, and they hit your vehicle that way.
No matter what distracts the other driver, if they hit your car, you must prove that’s what happened. It’s not always easy. The more eyewitnesses you can produce, the better. If you also have traffic camera footage or security camera footage that shows the wreck, that’s even more helpful.
Texas car wrecks might hurt you if you’re driving in the state, and if that happens, you must consider whether suing the other driver makes sense. Keep the factors in mind that we mentioned.
