In the chaotic and confusing aftermath of a serious car accident, it is easy to get overwhelmed by the medical bills you have to pay, the income losses you sustain due to time missed at work, and the various consequences of your traumatic experience. It is important to remember that in these situations, you may have important legal rights at your disposal, especially if someone else was responsible for your accident. Making good use of them could be key to preserving your future.
An experienced Sugar Land car accident lawyer could be a valuable ally to have on your side throughout any kind of litigation following an auto wreck. Whether you want to pursue financial restitution through an insurance claim, a civil lawsuit, or both, your dedicated personal injury attorney could stand by your side and work tirelessly to defend your best interests.
How Does Car Accident Litigation Work?
Because Texas follows a “fault” system when it comes to car accidents, people who get hurt in these kinds of incidents have several options for seeking financial compensation. Depending on their car insurance coverage or that of the at-fault party, they may be able to recover for all their medical expenses and vehicle damage through a first-party claim with their own insurer or a third-party claim against the at-fault driver’s provider.
If a crash results in damages that extend beyond what insurance will cover, the best course of action may be to file a personal injury lawsuit against the party responsible for the incident. In this scenario, an injured plaintiff would need to prove that another driver directly caused their injuries by acting recklessly or carelessly behind the wheel.
Sometimes, proving negligence in a car wreck claim is as simple as finding a police report that shows a traffic citation against a defendant. Other times, it may be necessary to collect evidence from a variety of sources, including security camera footage, witness testimony, and possibly even input from accident reconstruction experts to show that another driver’s irresponsible conduct proximately caused a plaintiff’s injuries. A Sugar Land attorney could provide critical assistance gathering necessary information and documentation following a car accident.
Comparative Fault in Car Crash Claim
In addition to proving someone else was to blame for a car accident, it is also often important for injured drivers to prove that they were not at fault themselves for the circumstances that led to their injuries. This is because Texas adheres to a “modified comparative fault system,” under which a plaintiff who is partially to blame for their damages cannot recover for the full value of those losses.
Texas Civil Practices and Remedies Code §33.003 grants civil courts the authority to assign a percentage of fault to a personal injury plaintiff, and Tex. Civ. Prac. and Rem. Code §33.012 allows courts to reduce a claimant’s final damage award by whatever percentage they are assigned. Finally, Tex. Civ. Prac. and Rem. Code §33.001 prohibits recovery altogether for any plaintiff found more than 50 percent at fault for their accident. Support from a skilled lawyer in Sugar Land can be critical to challenging comparative fault accusations and maximizing compensation in a car accident case.
Seek Help from a Sugar Land Car Accident Attorney
Getting into a car wreck is invariably a stressful experience, and it may seem like overkill to add a personal injury claim to your plate on top of everything else. However, securing civil compensation from the person who is truly responsible for your damages is often the only way to recover fully from an accident.
If you have any questions about your potential claim, a Sugar Land car accident lawyer could address them during a private consultation. Schedule yours by calling today.