Texas Department of Transportation records indicate that Texans drove more than 286 billion miles in 2019. Among those billions of miles traveled, 12,897 serious injuries occurred and 3,610 people died. By these numbers, one person was killed every two hours and 26 minutes, one person was injured every two minutes and three seconds, and one crash occurred every 56 seconds.
If you or a loved one has been injured in a car accident and are seeking fair compensation from the at-fault party or their insurance provider, you don’t want to fight this battle on your own, especially while you’re recovering from injuries.
Our team of personal injury attorneys at Hildebrand & Wilson, LLC stands ready to help. Let us negotiate with the at-fault driver’s insurance company, or if need be, take the matter to court with a personal injury claim. We’ll fight for your rights on every front. We proudly serve clients in Pearland, Texas, as well as Austin, Dallas, San Antonio, Corpus Christi, and Houston. Call us today to set up a consultation to discuss your case.
Car Accident Liability in Texas
Texas is an “at-fault” insurance state, meaning that whoever causes the car accident is held responsible for the damage to the other vehicle and injuries to any people involved. To this end, the state mandates that all drivers carry what’s known as “30/60/25” insurance at a minimum. This equates to $30,000 for injuries to one individual and $60,000 total for all injured. The “25” is for $25,000 in property damage to other vehicles or other objects at the crash site.
If you’re involved in a car accident, it is best to consult with an attorney so that they can:
- Answer any questions and provide you with options on how to pursue your claim
- Investigate and gather information about the accident
- Negotiate with the other driver's insurance on your behalf
- If necessary, file a lawsuit to protect your rights and pursue compensation
One important fact to remember in seeking compensation is that Texas follows a modified comparative fault rule. This means that the insurance adjusters working on your case will attempt to reduce your compensation by arguing that you are partially responsible for the accident. It is important to understand that only a jury, if the claim goes to trial, determines the percentage of fault of the drivers involved in an accident. For instance, if you’re found to have been 20% at fault for the accident and the total compensation awarded is $10,000, you will receive only $8,000 after deducting your percentage of fault. Note: if your percentage of fault rises above 50%, you cannot collect anything.
If you want more protection against drivers with inadequate or no car insurance, you should consider purchasing additional coverage such as personal injury protection (PIP) and uninsured/underinsured motorists (UM/UIM) coverage.