Car accidents cause headaches, and not just from the accident itself. From losing time at work – and valuable wages – to recovering physically and psychologically, injured parties are under a lot of stress.
If this describes your situation, you do not have to navigate this difficult time alone. Having trusted counsel by your side can help ensure you receive full compensation for your loss. The attorneys at Shaw Cowart LLP routinely handle personal injury claims for San Marcos residents. We know how the insurance process works and can advocate for your best interest from the moment you file your claim until you receive a settlement.
Texas Liability Law
In Texas, plaintiffs can recover from losses sustained in car accidents under the legal theory known as negligence. This theory is based on the legal principle that individuals owe one another a duty of reasonable care when engaging in activities that can foreseeably cause others harm.
To establish negligence plaintiffs must prove four elements.
First, they must show the defendant owed a duty to act – or not act – in a particular way. By law, all drivers owe one another a duty to use reasonable care when operating a motor vehicle. This includes paying attention, avoiding distractions, and obeying traffic laws.
Second, plaintiffs must show the defendant failed to uphold his or her duty. For example, if a driver is texting this is a breach of his or her duty to use reasonable care while on the road. Other violations of the duty of care include tailgating, aggressive driving, failure to obey traffic laws, and all forms of distracted driving.
Third, plaintiffs must show the driver’s breach of duty was the cause of his or her injuries. For example, imagine a scenario where Tom and Ann get in a car crash. Ann was texting while driving. Because she is distracted she merges into Tom’s lane causing an accident, causing him to sustain physical injuries and damage to his vehicle. In this scenario Tom can show Ann’s breach of her duty of care to other motorists resulted in physical injuries and property damages that entitle him to reasonable compensation.
Fourth, a plaintiff must show he or she suffered actual harm. Take the example of Tom and Ann. If the two were involved in a car crash that resulted in no damage to Tom’s person or property, he would not be able to recover from Ann – even though her actions violated her duty of care.
How Much Can I Recover?
The amount plaintiffs can recover after a car accident varies greatly depending on the circumstances of each accident. In Texas, plaintiffs can recover for both economic and non-economic damages.
Economic damages include medical expenses, lost wages, and damage to the vehicle. Non-economic damages include recovery for pain and suffering. This suffering is the result of the accident and can be caused by purely psychological problems, or it may present a physical problem that is psychologically difficult to endure. Common examples include scarring, disfigurement, depression, anxiety, post-traumatic stress disorder (PTSD), insomnia, chronic pain, permanent brain impairment, or loss of enjoyment due to the inability to engage in recreational activities following an accident.
Texas follows a modified form of comparative negligence. This means that when plaintiffs and defendants are both partially responsible for injuries and property damages resulting from a car crash, then the plaintiff’s damages may be reduced based on his or her proportion of fault.
However, when plaintiffs are found to be more than fifty percent at fault, they may not recover damages at all. The law leaves it up to juries to determine each party’s percentage of fault. In practice juries rarely assess liability because the vast majority of cases are settled before trial. This means an insurance assessment of the facts is critical to receiving fair compensation following a loss.
Handling the Aftermath of a Collision
- Call the police. Although it is always wise to report a car accident to the police, in crashes involving physical injury, death, or severe property damage drivers are required by law to report the incident to local authorities.
- Immediately seek medical care. Even if you do not believe you sustained injuries, it is better to be safe than sorry. Quick medical assessment will provide stronger evidence that your injuries were caused by the car accident, making it easier to recover what you are owed.
- Preserve all documents relevant to your accident. This includes police reports, contact information for any witnesses at the scene, and documentation from all medical providers and/or car repairs. Preserving these documents will make it easier to prove your claim by providing important evidence to establish the damages you sustained in the accident.
- Contact an attorney. Insurance agents represent their companies, not you. It is their job to watch out for the company’s bottom line, not your best interests. Hiring experienced attorneys familiar with the laws will ensure you receive the compensation you deserve following loss. This will give you peace of mind and allow you to focus on recovery rather than dealing with the red tape of insurance.
Injured in a Car Accident? Call Shaw Cowart LLP TODAY
Handling the aftermath of an injury is difficult even for the most resilient. Recovery, financial stress, and navigating insurance create the perfect storm for injured parties. Attempting to work through these problems alone is a recipe for disaster.
Luckily, you do not have to do it all alone. By hiring an attorney you can reduce your stress and maximize your compensation. This will allow you the breathing room to focus on recovery.
Shaw Cowart LLP provides San Marcos residents with experienced legal counsel after car accidents. Our attorneys are passionate advocates ready to assist you in understanding your legal options after a collision. We fight for injured parties to receive the compensation they deserve after the devastation that comes with a car accident.
Allow us to assist you in understanding your claim. Contact us today to schedule a free and confidential consultation.