Laws pertaining to auto accidents are determined at the state level. Texas is an at-fault state. That means that when an auto accident happens in Texas, someone is found at fault and liable to pay for damages and injuries related to the accident. Guided by the Doctrine of Negligence, the driver who acts negligently is considered liable.
Texas is one of only 12 at-fault states in the union. Like other states, you are required to carry the mandatory minimum insurance coverage to obtain a driver’s license, so that if you are in a car accident, you have the resources to pay when the accident is your fault.
What to do if you are injured in a car accident
The first step to making a claim when you are injured is to determine who is at fault. That is sometimes easier said than done. While at the accident site, it is important to call law enforcement and to fill out a police report. Even though police reports are inadmissible in court, they will enable your personal injury lawyer to further your case during the negotiation phase. When possible, it is always best to try to reach a fair settlement before the case goes to trial. A police report can lend credence to your case and strengthen the likelihood that you will win.
When you are in an accident, you are required to file a “Crash Report.” The official document is Form CR-2, which must be filed within ten days of the accident if the injuries and damages you are claiming are more than $1000.
To ensure that you can recover for your damages and injuries you will need specific documentation of any injuries you sustained. Even if you think an injury is nothing major, it can become serious quickly. It is imperative that you seek emergency medical treatment immediately. That will set up a causal relationship between your injuries and the accident, and it will also provide proof that you were injured.
If possible, take pictures of the accident site and make a note of things like the weather or road conditions. If there were any witnesses present, you will want to get their information so that they can be contacted to recount the events of the accident that they witnessed. Directly following the accident, you will also want to exchange information with any other drivers at the scene.
The Houston, Texas insurance laws
According to Texas law, the at-fault driver is responsible for paying for any injuries or damages in an auto accident. Every driver in the state of Texas is required to have the minimum insurance coverage that is mandated by the state. The minimum requirements are:
- $30,000 for every individual
- $60,000 for the injuries in total
- $25,000 for any property damage
Although minimum insurance is required, when the accident is severe, they may not be enough to cover injuries and damages. Therefore, when possible, it is a good idea to have enough insurance to cover high-cost accidents. Any damages that aren’t covered would then be your responsibility. So, carrying enough insurance is the best way to safeguard yourself if you are at fault in an accident.
Other steps you will need to take
After the accident, you will want to file a claim with your insurance company. Even if you are not the at-fault driver, you will need to have your company’s protection and help. There are statutes of limitations that some insurance companies have, so if you wait too long, you might be denied coverage. That is why you should file a claim as soon as you can. After you file the claim, the negotiation process will begin, and you can either settle out of court or proceed to trial, depending on whether you can reach an agreement with the other insurance company.
It is important to have the help of an auto accident lawyer throughout the claims process. The lawyer can ensure that you get all that you are entitled to. Beyond the injuries you sustained, a Houston, Texas, Hugh Howerton will be able to calculate other awards that you may be entitled to, like pain and suffering and any further medical treatment you might need. If you don’t have someone representing you, then there is a good chance that you won’t know all that you can sue for and will walk away with way less than you deserve. That is why hiring a car accident lawyer in Houston is integral to winning your case.
