Auto Accident Attorney in Texas
Texas is a “comparative fault” state. In Texas , every auto driver is financially liable for any accident in which they are deemed to be more than 50% at fault. Drivers are required under Texas State Law to purchase Auto Accident Insurance Liability Insurance to offset this risk.
Texas has the highest rate of road death fatalities in the United States. With Auto Insurance premiums at an all-time high and no end to the road chaos, there is plenty of work for the estimated 1,265 Auto Accident Attorneys in Texas .
Minimum Texas Car Insurance Cover
Texas auto drivers are required by State Law to hold the following auto insurance cover as a minimum: Bodily Injury Liability: $30,000 per person and $60,000 per accident. Property Damage Liability: $25,000. Personal Injury Protection (PIP): $2,500.
These are the minimum amounts required under Texas State Law and most auto insurance policy holders opt to increase their level of Auto Accident Insurance cover with the following optional Texas insurance extras
- Liability Coverage
- Collision and Comprehensive Coverage
- Medical Payments and Personal Injury Protection (PIP) Coverage
- Uninsured/Under-insured Motorist Coverage
- Mexico Coverage
- Rental Reimbursement and Towing Coverage
- Negligence Law
Who Pays in a Car Accident in Texas
Texas is a “comparative fault” State. This means you are financially liable for any accident in which you are deemed to have caused by being more than 50% at fault. If the other party is deemed to be more than 50% at fault it is their insurance policy that must pay compensation.
Depending on your level of cover you can be sued personally if an award is made against you that’s above your auto insurance policy limits
Who does an Auto Accident Attorney in Texas Sue?
Texas is a highly litigious state with the worst accident injury rates in the whole of the United States. An auto accident attorney can be hired to sue:
- another party if you believe they have caused you injury
- your own insurance company to maximize a direct compensation payout
- an auto accident attorney in Texas can also defend you against criminal charges
How many Auto Accidents in Texas
Over 3,700 people are killed in auto accidents in Texas each year, with an average year on year increase of 7.3% in motor vehicle traffic fatalities, according to the Texas State Government
The fatality rate on Texas roadways for 2018 was 1.44 deaths per hundred million vehicle miles traveled. Representing a 2.12% decrease from 2017.
254,415 persons were injured in motor vehicle accidents in Texas last year. Pedestrian fatalities totaled 699 in 2018. This is a 8.11% year on year decrease.
Road Deaths in Texas 2019
- 1 person is killed every 2 hours and 28 minutes
- 1 person is injured every 2 hours and 11 minutes
- 1 auto accident occurs every 42 seconds in Texas
- 568 motorcyclists killed in 2017. 52% were not wearing helmets
- Texas saw 565 people killed in head-on collisions in 2018.
- There were no deathless days in Texas roads last year.
- July was the deadliest month with 388 persons killed in Auto Accidents in Texas
What do you do after a car accident in Texas ?
Experiencing an auto accident is a stressful time. Thoughts become irrational as the adrenaline kicks in, helping accident victims deal with these hugely stressful incidents. These are the 8 things to do immediately following an auto accident in Texas .
- Check for injuries and stay calm
- Dial 911 for the emergency services
- Do not leave the scene of the accident
- Follow police instructions but do not admit guilt or answer questions
- Gather information, shoot video and take photos
- Call your insurance company
- Follow medical instruction
- Contact an auto accident attorney in Texas
Is Texas a Litigious State for Auto Accidents
Court Cases involving an Auto Accident Attorney in Texas made up the largest share of the Texas Court system costs, according to the State Government.
There are over 1,200 Auto Accident Attorneys in Texas with specializations including
- Small vehicle accident attorney
- Truck Accident Attorney in Texas
- Texas Auto Accident Attorney Generalist
- Texas Insurance Auto Accident Attorney
- Personal Injury Attorney in Texas
- Commercial Vehicle Auto Accident Attorney in Texas
- Uber Auto Attorney in Texas
- Lyft Auto Accident Attorney in Texas
Texas Statute of Limitations in Auto Accidents
The statute of limitations for a car accident in Texas is two years from the date of the car accident (Sec. 16.003). The Texas two-year statute of limitations applies to all claims made by drivers, passengers, pedestrians, truck drivers and motorcyclists. The clock starts ticking on the day of the accident and not the day you consult an auto accident attorney in Texas .
How long does an insurance company have to settle a claim in Texas ?
- Your insurance company must acknowledge your claim within 15 working days
- Within this 15 day they should request any further information from you
- Insurance companies in Texas may extend this 15 days by a further 45 days and inform you of their reason
- Generally, if an insurance company extends the 15-day time frame clients will consult an auto accident attorney in Texas .
- There is no time frame for your insurance company to settle the claim. On average it takes between 3 and six months.
- Once approved, your claim must be paid within 5 days
- If the claim involves a weather event or natural disaster a Texas insurance company may take 45 additional days to approve or deny your claim and 15 additional days to pay your claim.
- An auto accident Attorney in Texas may help speed up your compensation payout, or may delay proceedings to maximize your payout.
How much car insurance do I need in Texas ?
- Bodily Injury Liability: $30,000 per person
- $60,000 per accident
- Property Damage Liability: $25,000
- Personal Injury Protection (PIP): $2,500.
These are not high minimums. In a more severe auto wreck accident, the Texas Statutory minimum insurance levels may prove to be inadequate.
If you are judged to be more than 50% at fault in a Texas car accident the other side may hire an attorney to personally sue you for any difference between their financial compensation award and the insurance policy limits.
Is Texas a no-fault state
Texas is not a no-fault state. Some states in the USA require a no-fault insurance policy, often known in Texas as PIP. Every driver in Texas is required to hold auto insurance to cover expenses for the other driver in the event of an accident.
Insurance Payout Limits in Texas for Personal Injury
Texas uses 50 percent modified comparative negligence laws, so the court decides how much each party in an accident is at fault. You can claim damages from the other party if your level of fault does not exceed theirs.
However, your damages will be also be reduced according to your apportioned level of fault.
Texas Auto Attorney Insurance Claims Rights
According to the Texas Bill of Consumer Rights (Order No. 12-0862), you have the right to be treated fairly, honesty and with respect when you make a claim. If you believe you are being treated unfairly by your insurance company, make a complaint to the TDI in Texas and consult an auto accident attorney in Texas with immediate effect.
Over 72% of Auto Accident Attorneys in Texas are hired to fight an individual’s own insurance company for a better deal.
Texas State Auto Accident Demographics
Texas (/ˈtɛksəs/, locally /ˈtɛksɪz/;Spanish: Texas or Tejas, pronounced [ˈtexas] (listen)) is the second largest state in the United States by area (after Alaska) and population (after California). Geographically located in the South Central region of the country, Texas shares borders with the U.S. states of Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the west, and the Mexican states of Chihuahua, Coahuila, Nuevo León, and Tamaulipas to the southwest, and has a coastline with the Gulf of Mexico to the southeast.
Houston is the most populous city in Texas and the fourth largest in the U.S., while San Antonio is the second-most populous in the state and seventh largest in the U.S. Dallas–Fort Worth and Greater Houston are the fourth and fifth largest metropolitan statistical areas in the country, respectively. Other major cities include Austin, the second-most populous state capital in the U.S., and El Paso. Texas is nicknamed “The Lone Star State” to signify its former status as an independent republic, and as a reminder of the state’s struggle for independence from Mexico. The “Lone Star” can be found on the Texas state flag and on the Texan state seal. The origin of Texas’s name is from the word taysha, which means “friends” in the Caddo language.
Due to its size and geologic features such as the Balcones Fault, Texas contains diverse landscapes common to both the U.S. Southern and Southwestern regions. Although Texas is popularly associated with the U.S. southwestern deserts, less than 10% of Texas’s land area is desert. Most of the population centers are in areas of former prairies, grasslands, forests, and the coastline. Traveling from east to west, one can observe terrain that ranges from coastal swamps and piney woods, to rolling plains and rugged hills, and finally the desert and mountains of the Big Bend.
The term “six flags over Texas”[note 1] refers to several nations that have ruled over the territory. Spain was the first European country to claim and control the area of Texas. France held a short-lived colony. Mexico controlled the territory until 1836 when Texas won its independence, becoming an independent Republic. In 1845, Texas joined the union as the 28th state. The state’s annexation set off a chain of events that led to the Mexican–American War in 1846. A slave state before the American Civil War, Texas declared its secession from the U.S. in early 1861, and officially joined the Confederate States of America on March 2 of the same year. After the Civil War and the restoration of its representation in the federal government, Texas entered a long period of economic stagnation.
Historically four major industries shaped the Texas economy prior to World War II: cattle and bison, cotton, timber, and oil. Before and after the U.S. Civil War the cattle industry, which Texas came to dominate, was a major economic driver for the state, thus creating the traditional image of the Texas cowboy. In the later 19th century cotton and lumber grew to be major industries as the cattle industry became less lucrative. It was ultimately, though, the discovery of major petroleum deposits (Spindletop in particular) that initiated an economic boom which became the driving force behind the economy for much of the 20th century. With strong investments in universities, Texas developed a diversified economy and high tech industry in the mid-20th century. As of 2015, it is second on the list of the most Fortune 500 companies with 54. With a growing base of industry, the state leads in many industries, including agriculture, petrochemicals, energy, computers and electronics, aerospace, and biomedical sciences. Texas has led the U.S. in state export revenue since 2002, and has the second-highest gross state product. If Texas were a sovereign state, it would be the 10th largest economy in the world.
Can someone sue you for a car accident if you have insurance in Texas ?
If your insurance policy does not cover the amount awarded to the other party you may find yourself in a lawsuit regardless of whether you held car insurance. For this reason many auto accident attorneys advocate the purchase of premium cover and under-insurance ‘gap’ policies.
Do I call my insurance if it’s not my fault?
You must report any damage to your vehicle or personal injuries to yourself or others to your insurance provider immediately. Your insurance company will help file a claim against the other party and start the process of compensation.
Also contact an auto accident attorney in Texas for a Free Consultation and Claim Evaluation
How long do you have to file an accident report in Texas ?
You must file an accident report with the Texas Department of Transport within 10 days of the auto accident. The report should be on form CR-2 available here and can be filed by you, your insurance company or your auto accident attorney in Texas
Do I need an Auto Accident Attorney in Texas ?
An Auto Accident Attorney is not required for every case. For example, cases with minor injuries, soft tissue damage or ‘fender benders’ may not require a specialist auto accident attorney in Texas . In more severe personal injury cases you need an expert specialist attorney to protect your interests, regardless of whether you have one appointed for you by your insurance company.
Average Auto Accident Payout in Texas
The average car accident compensation settlement in Texas is $22,887 in 2018, according to the Texas bureau of Statistics. The average auto accident payout by using an auto accident attorney in Texas was $44,887.
Hit by a Drunk Driver in Texas
In the United States 32 people die every day from vehicle accidents that involve a drunk driver. A drunk driver could face criminal charges from the state of Texas and civil charges from the injured parties.
Convictions for criminal charges can result in fines, jail, rehab and community service. A civil Court case could force the drunk driver to financially compensate victims.
If you’ve been hit by a drunk driver in the State of Texas check out our list of Auto Accident Attorneys in your area who are experts at DUI auto accidents.
Texas is a pure negligence state and you are free to lodge a lawsuit against a drunk driver who caused you or a loved one personal injury.
Filing a civil lawsuit in Texas against a drunk driver will require that you prove them responsible for your injuries. An experienced auto accident attorney in Texas will need to demonstrate beyond reasonable doubt that:
- The other driver owed you a duty of safe travel as you shared the road.
- The driver breached his or her duty by an act of negligence (e.g. drunk driving).
- The driver’s negligent act caused injury to you in the form of a car accident
- The injuries caused you to suffer specific, quantifiable damages.
Take our online Compensation Checker to find out from an auto accident attorney in Texas how much compensation you could expect if you’ve been injured by a drunk driver.
What Damages can I claim for after a Texas Car Accident?
- Medical Costs
- Lost Wages
- Pain & Suffering
- Diminished Earning Capacity
- Non-economic Damages
How do I calculate Pain and Suffering in Texas
Texas uses a multiplier to work out the amount of compensation to be paid as a result of pain and suffering. For example, if your case is worth $40,000 in specific damages, but your pain and suffering has a multiplier of five for temporary brain damage, the total amount payable will be $200,000 in non-economic damages.
Will an Auto Accident Attorney in Texas increase my Pain and Suffering Payout
An experienced auto accident attorney in Texas will be instrumental in pushing up both specific damages and the pain & suffering multiplier. As can be seen in the example, both elements are key to securing the financial compensation package you deserve.
Average Whiplash Settlement in Texas
Texas does not have whiplash settlement guidelines though mild to moderate whiplash claims can result in a compensation payout from $2,500 to $10,000 worth of compensation. For severe whiplash claims in Texas , expect this figure to rise over the $22,000 level.
Can I Sue Uber or Lyft in Texas
If you’ve sustained injuries in an Uber, Lyft or other ride-sharing accident you may be entitled to financial compensation from the “at-fault” driver and their insurance company.
If your accident involved an Uber, Lyft or ride share driver who was “on-the-clock” when the accident occurred, you likely won’t make a claim on the driver’s own insurance policy. Instead, the insurance policies of the ride share companies should cover your personal injuries and damages.
Take the following steps if you’ve been involved in an accident with an Uber, Lyft or Ride share Driver either as a passenger or other road user.
- Report your Accident Immediately to Police and Uber. File an insurance claim directly with Uber.
- Seek Medical Attention. Some injuries can take days or weeks to become fully apparent and a proper diagnosis will help to strengthen your compensation case.
- Speak to an auto accident Attorney in Texas for a free consultation
Where do most Auto Accidents happen in Texas
According to the Texas Department of Transport most recorded car incidents requiring the use of an auto accident attorney in Texas happen in the following places:
(List of all areas in Texas with more than 40,000 people)
Get an Auto Accident Lawyer in Texas because the State Legal System is Complex
The Texas legal system is complex and navigating Texas personal injury law is not something which can be mastered while focusing on your own rest, recovery and rehabilitation. Using an auto accident Attorney in Texas should help reduce stress and maximize your financial compensation payout.