Cars, SUVs, and trucks - all modern conveniences and technological and engineering marvels that allow personal transportation and freedom like no other time in human history. Yet, they’ve also created an undeniable risk to our safety, lives, and risk through the negligence of others. On average, there are approximately six (6) million motor vehicle accidents annually in the United States. If you or a loved one are involved in a motor vehicle accident, call Hazen Law Firm to discuss your case and get the compensation you deserve.
The Importance of Seeking Legal Advice After a Motor Vehicle Accident in Texas
Motor vehicle accidents are unfortunately common on Texas roads, with thousands of crashes occurring each year. Whether it’s a minor fender-bender or a catastrophic collision, the aftermath of a car accident can be overwhelming. Victims are often left dealing with physical injuries, emotional distress, and significant financial burdens, including medical bills, property damage, and lost income. In such situations, seeking legal advice is not only helpful—it is often essential for ensuring your rights are protected and you receive the full compensation you’re entitled to under Texas law.
The Legal Landscape of Car Accidents in Texas
Texas is an “at-fault” state when it comes to motor vehicle accidents. This means that the party responsible for causing the accident—and their insurance provider—is liable for the damages resulting from the crash. While this principle may sound straightforward, determining fault and securing compensation can be legally complex and factually challenging.
Texas law requires drivers to carry a minimum amount of liability insurance to cover bodily injury and property damage. However, these minimums are often insufficient to cover the actual costs associated with serious accidents. Additionally, insurance companies are notorious for minimizing payouts, delaying claims, or denying them outright. Legal representation can help ensure you aren’t left footing the bill for someone else’s negligence.
Why Legal Representation Matters
After a car accident, your primary focus should be on recovering your health and well-being—not on battling insurance companies, gathering evidence, or navigating legal paperwork. That’s where an experienced Texas personal injury attorney comes in. Legal counsel can handle the complexities of your claim while you focus on healing.
Here’s how an attorney can help:
1. Determining Liability
In some accidents, determining who was at fault is relatively clear. In others, it’s more complicated. Multiple parties may share responsibility, or conflicting accounts may create uncertainty. Texas follows a modified comparative fault rule, which can significantly impact your ability to recover damages. Under this rule, if you are found to be more than 50% at fault for the accident, you cannot recover compensation. If you are 50% or less at fault, your recovery is reduced by your percentage of fault.
For example, if your damages total $100,000 and you are found to be 20% at fault, your recovery would be reduced to $80,000. Insurance adjusters often attempt to shift blame onto the injured party to reduce their financial responsibility. An attorney will gather the necessary evidence—such as police reports, witness statements, dashcam footage, and accident reconstructions—to prove liability and protect your claim.
2. Handling Insurance Companies
Insurance adjusters may seem cooperative, but their job is to save money for their company. They often use tactics like offering quick, lowball settlements or requesting recorded statements that can be used to undermine your case. Without legal advice, it’s easy to say or do something that jeopardizes your claim.
A lawyer acts as your advocate in negotiations, handling all communications with insurers to ensure your rights are respected and that you receive a settlement that truly reflects your losses.
3. Evaluating the Full Scope of Your Damages
In Texas, you may be entitled to both economic and non-economic damages after a car accident:
Economic damages include medical bills, future medical expenses, lost wages, loss of earning capacity, and property damage.
Non-economic damages include pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life.
Calculating these damages accurately is critical to securing fair compensation. An experienced attorney will work with medical professionals, vocational experts, and financial analysts to assess the full extent of your losses—both current and future.
4. Meeting Legal Deadlines
Texas law imposes a strict statute of limitations for personal injury claims. In most cases, you have two years from the date of the accident to file a lawsuit. If you fail to act within this window, you may permanently lose your right to seek compensation, regardless of the strength of your case.
By seeking legal advice early, you ensure that all necessary documents are filed on time and that critical evidence is preserved before it is lost or destroyed.
5. Building a Strong Case for Trial (If Necessary)
While many car accident claims are settled out of court, some must go to trial when a fair settlement cannot be reached. Having a lawyer who is prepared to take your case before a judge and jury adds leverage during negotiations and gives you the best chance of success if litigation becomes necessary.
Your attorney will prepare all court documents, gather expert testimony, and develop persuasive legal arguments to support your claim.
Special Considerations in Texas Car Accidents
Uninsured and Underinsured Motorists
Texas drivers are not required to carry uninsured/underinsured motorist (UM/UIM) coverage, but it is highly recommended. Unfortunately, many drivers on Texas roads either carry insufficient coverage or none at all. If you’re hit by an uninsured or underinsured driver, recovering compensation can be more difficult.
A lawyer can help you navigate your own insurance policy to determine whether you have UM/UIM coverage and assist in filing a claim under those provisions.
Commercial Vehicle Accidents
If your accident involved a commercial vehicle—such as a delivery van or rideshare vehicle—different rules and liability issues may apply. The employer or parent company may share responsibility under Texas’s “respondeat superior” doctrine. These cases often involve multiple layers of insurance and more aggressive legal defense teams. Having experienced legal counsel is crucial in these situations.
Emotional and Psychological Impact
The trauma of a motor vehicle accident often goes beyond physical injuries. Victims may suffer from anxiety, depression, PTSD, and fear of driving. These psychological injuries are very real and can affect every aspect of life, including work, relationships, and daily activities.
A knowledgeable attorney will ensure that these damages are not overlooked and will include them in your compensation claim. Expert testimony from mental health professionals can support your case and highlight the full impact of the accident.
Holding Negligent Drivers Accountable
Seeking legal advice after a car accident doesn’t just help you recover financially—it also holds negligent drivers accountable. Legal action can prompt changes in behavior, encourage safer driving practices, and, in cases of egregious conduct (such as drunk or reckless driving), lead to punitive damages that deter future misconduct.
Conclusion
Motor vehicle accidents can be life-changing, leaving victims with physical injuries, emotional trauma, and significant financial strain. In Texas, where legal rules governing fault and compensation can be complex, having experienced legal representation is essential. A personal injury attorney can help you understand your rights, negotiate with insurers, gather critical evidence, and secure the full compensation you deserve.
If you’ve been involved in a motor vehicle accident in Texas, don’t navigate the aftermath alone. Reach out to Hazen Law Firm for a free consultation to protect your future, hold negligent parties accountable, and to begin the process of healing with confidence and peace of mind with the assurance that your legal team is working hard to get you the compensation you deserve.