Cypress is one of Texas’s largest and fastest-growing communities. With more growth comes more traffic, and the more packed and congested the roads are, the higher the chance of accidents happening. As drivers, we can do our part to remain safe on the road, but we aren’t able to control other drivers’ actions. When a driver is reckless or careless, their actions can be detrimental to those around them.
At Mott & Moffett, our car accident lawyers have seen firsthand how traumatic and damaging car accidents can be, and we’ll work tirelessly to help our clients seek the compensation and justice they deserve. From helping you understand your rights, the next steps to take for your claim, and fighting back against the intimidation tactics insurance companies use, our car accident attorneys will handle every aspect of your case so you feel in control and supported throughout the whole process.
There are multiple factors that go into a car accident claim, and understanding the various Texas laws that impact your claim is a great way to help you feel in control.
In no-fault states, drivers must have mandatory personal injury protection policies based on the minimum insurance mandated by the state. Therefore, an injured party must first file a claim through their own insurance company to obtain compensation and cannot file a claim against a negligent party unless their total damages exceed their insurance coverage.
Texas, however, is an at-fault state which allows injured parties to sue the other negligent party without needing to go through their personal insurance company first. In an at-fault system, the person responsible for the accident and their insurance company is legally responsible for paying for the victim’s damages.
The Texas modified comparative negligence rule is applied when both parties involved in the accident contributed to the accident. This rule assigns a portion of fault to each driver. An injured driver cannot recover compensation by filing a claim against the other if their own percentage of fault is 50% or more. While injured drivers can file for compensation, even if they played a role in the accident, their damages will likely be reduced by the percentage of blame they’re assigned. For instance, if the claimant is proven to be 20% responsible, then their total damages will be reduced by 20%.
A statute of limitations refers to the allotted time a potential plaintiff has to pursue legal action. The statute of limitations varies depending on the kind of harm you’ve suffered, or the type of accident claim you want to file. In Texas, car accident claims must be filed within two years of the date of the accident. Failing to file on time means forfeiting your right to file a claim and recover compensation.
The processes following a car accident can work differently depending on the at-fault party’s insurance provider. However, there is a general process that consists of the following steps:
Once your car accident attorney states the amount you are owed in compensation, an insurance company may respond in the following ways:
The goal of insurance companies is to protect their bottom line, not provide you with the help you need to get back on your feet. This is why the best thing you can do is to partner with a dedicated and experienced personal injury attorney whose only goal is to protect your rights and best interest.
When a neglected driver is responsible for causing someone else physical, emotional, mental, and financial harm, the victim may be able to recover compensation by filing a car accident claim. Depending on the details of your claim, you may be able to recover compensation for the following:
Obtaining full and fair compensation for all your damages can be difficult without a trusted and assertive car accident attorney at your disposal. Insurance companies are good at offering settlements that appear to be good enough, but your car accident lawyer can make sure you don’t accept any offers that are less than what you deserve.
Facing a recovery journey on top of trying to recover compensation from insurance adjusters protecting their bottom line can be incredibly stressful and frustrating. At Mott & Moffett, our car accident lawyers are proud to provide our clients with the legal support and services they need to recover fair compensation. Our dedicated legal team has a unique blend of background and experience necessary to advocate for your rights and best interest. Contact our firm today to schedule a consultation at 888-596-6582 or complete our contact form to receive more information.