Can You Still Pursue a Car Accident Lawsuit in Texas if You Were Partially At Fault?

On any given day, car collisions happen across the country. While some of these accidents result in minor scrapes and minimal damage, some vehicle crashes cause significant injuries and costly property damage. Suddenly, you may find yourself facing a long and painful physical recovery, astronomical hospital bills, and lost wages due to your injuries. It’s natural to feel overwhelmed and concerned about how you will be able to rebuild your life after a car accident. However, you do not have to go through this challenging period alone. Working with a trusted and compassionate Houston auto accident attorney is the best way to ensure that you maximize your settlement offer and obtain the compensation you need to get your life back on track. In fact, Texas allows injured car accident victims to pursue compensation even if they were partly to blame for the collision. Let’s take a look at what you can expect from the auto accident claims process in Texas.

How Texas Determines Liability in Auto Accidents

Whenever a vehicle collision occurs, it takes some time to determine which party’s actions are responsible for causing the incident. Reporting the accident to the insurance company initiates this process, and the insurance adjuster assigned to your case will oversee the investigation into the accident. Investigators will gather several types of evidence to determine fault, including police reports, medical records, witness statements, video footage, and photographs taken at the scene. The investigation may even involve a car accident reconstruction expert—a professional who will establish a timeline of the events and circumstances leading up to the collision. While some car accidents are caused entirely by one driver (i.e., someone ran a red light and collided with another vehicle that was obeying the rules of the road), many incidents assign partial responsibility to both drivers.

When You’re Partially Responsible For a Car Accident

Under Texas’s proportionate responsibility laws, you may not pursue or recover damages for a car accident if you were more than 50 percent at fault for causing the incident. This means that you cannot take legal action against the other party if you are more than 50 percent liable for the collision. Although you may be able to recover some compensation per a no-fault insurance policy, you cannot file a civil lawsuit against the other driver. However, if it’s determined that you were less than 50 percent responsible for the accident, you have the right to seek compensation to help cover the medical costs, lost wages, and other types of damages resulting from the accident.

Calculating Your Recoverable Damages

If you were less than 50 percent liable for causing the car collision, your attorney can help you pursue the compensation you need to support your recovery. It’s important to recognize that you may only recover damages that are proportional to your degree of responsibility in causing the accident. For example, if the court awards you $200,000 in damages, but you are 40 percent at fault for causing the collision, you may only recover 60 percent of the award (i.e., $120,000). It’s important to understand that you may not secure as much compensation as you request, as the total damages you recover must take into account your share of liability.

How a Houston Personal Injury Lawyer Can Help

While Texas does not require accident victims to enlist legal representation when pursuing a claim, taking this step carries several benefits. Below are just a few of the advantages of working with a trusted and caring auto accident lawyer to recover compensation after suffering an auto accident injury in the Houston area.

Trusted Legal Guidance at Every Turn

Coping with a painful injury is challenging enough. The last thing you want to think about is navigating the auto accident claims process and its many steps. Consider hiring a knowledgeable car accident attorney to help you move through each stage of the process. Your attorney can even step in to handle stressful negotiations with insurance adjusters while you continue to focus on what matters most—your physical recovery.

Maximizing Your Settlement Offer

As the unpaid medical bills start to pile up, it’s natural to want to resolve your claim as quickly as possible. Unfortunately, many insurance companies will leverage your eagerness to settle against you by making a lowball offer they hope you will accept without question. However, accepting the initial offer will likely cheat you out of securing a more equitable amount of compensation. Your attorney understands how to negotiate a more favorable settlement offer on your behalf, allowing you to secure the payment you need to support the complexities of your recovery.

Empowering You To Move Forward With Confidence

In addition to advocating for your financial interests, your personal injury lawyer will provide you with the information and tools you need to make decisions with greater certainty and confidence. Their goal is to empower you to take control of your future so you can get your life back on track. You are never alone during this process when you enlist the guidance of a dedicated and caring attorney.

Reach out to DeHoyos Accident Attorneys, PLLC, today at (832) 745-4878 to speak with a dedicated and caring Houston auto accident attorney.