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Can I Recover Damages After a Car Crash with an Uninsured Driver?
Car accidents can be emotionally and financially exhausting. A passenger or driver who is injured in a motor vehicle crash will likely face substantial medical bills and lost wages if he or she has to miss work. While many people may assume that the at-fault driver will be ordered to pay for the financial burden of the case, the responsibility typically falls on the driver's insurance company. However, a surprisingly large number of Texas drivers do not carry insurance, and car accident victims should be aware of their options for recovering damages under these circumstances.
After an Accident with An Uninsured Driver
After an accident, an adult vehicle occupant's first priority should be to assess any injuries and call the police. The driver should make sure that their vehicle is out of the way of danger and then take the proper care to exchange names, addresses, vehicle information, and phone numbers with the other driver. Additionally, the drivers should exchange insurance information. Drivers should keep their insurance information readily available and promptly notify their insurance company after a collision (but NEVER provide a recorded statement).
Understanding Liability After a Commercial Vehicle / Big Truck Accident
Commercial vehicle / big truck accidents affect individuals and families across the country every day and have been increasing significantly for the last decade. For Texas drivers, this is especially true. The Lone Star State consistently has more fatal commercial truck accidents than any other state. The majority of these crashes are caused by things such as driver fatigue and lack of driver training. Today, a severe driver shortage is forcing the industry employees to work strenuous hours across long distances. This creates dangerous driving conditions for both the truck drivers and surrounding drivers. Being involved in an accident with such a large vehicle can be exceedingly scary and exhausting, but a qualified Texas personal injury attorney can guide you through the process and fight for your compensation.
The first part of evaluating a claim is determining which party(s) was at fault. This is called liability. Liability is a crucial part of handling commercial vehicle / 18-wheeler accidents and can potentially include parties such as the truck driver, the trucking company, the cargo company, or the manufacturer. Often, the truck driver was at fault due to distractions or exhaustion. Typically, the legal theory “Respondeat Superior” holds the trucking company responsible for its driver's negligence. The trucking company can also be responsible for failure to properly hire, supervise or train its drivers. Additionally, the state of Texas follows the modified comparative fault. In these cases, if you are more than 50% responsible for the crash, you cannot receive any damages.
Recovering Damages for Wrongful Death in Texas
Losing a loved one unexpectedly is overwhelming. The pain of accidental death is further increased when the death was due to someone else's negligence. If your loved one died due to injuries suffered as a result of another party's negligence, you should retain a qualified personal injury attorney. Every day, Burress Injury Law works tirelessly to represent the families of wrongful death victims to hold all responsible parties fully accountable for their negligence.
What Constitutes Wrongful Death in The State of Texas?
When a person's death is caused by another individual's negligent behavior (whether accidental or intentional), the victim's loved ones can file a wrongful death claim. Car and big truck accidents, other negligence-based incidents, or intentional acts (including crimes) are just some of the tragic events that can give rise to wrongful death claims.
There are several elements of a wrongful death claim. Another party's neglect, carelessness, or wrongful act must have resulted in an injury that caused an individual's death. Had the victim survived their injuries, he or she would have been able to pursue a personal injury claim to seek damages. However, since they are unable to do so, a loved one has the opportunity to proceed with a wrongful death case on their behalf.
What Kinds of Evidence Should I Gather After a Texas Motor Vehicle Accident?
Being in a motor vehicle accident can be threatening, both to your physical and financial health. When you are injured, you may not be able to work, causing you to lose out on your much-needed paycheck. In some cases, you may be able to work, but you may not be able to earn the same amount as you did before you were hurt. You may also find that your injuries are resulting in expensive medical bills and extensive procedures that could add up to hundreds of thousands of dollars. Being a victim of a crash or other incident can be financially stressful, but a qualified Texas car accident injury lawyer can help you obtain full compensation for all of the damages you have suffered. To do this, you and your attorney will begin to gather evidence from your accident to support your claim.
Evidence in a Motor Vehicle Accident Claim
When you begin to build your case, you will need evidence to support your claim. Some of the best evidence is gathered after the car accident on the scene, but other evidence can also show the extent of your injuries and losses. If you are looking to file a personal injury claim for damages from a car accident, you should gather information such as:
The Importance of the Police Accident Report in Your Personal Injury Case
When you get into a car accident, one of the first things you should do immediately afterward is inform the police of the accident. In some cases, it can even be required by law to call the police to the scene of an accident. According to Texas law, you are required to notify police as soon as possible if you are in an accident involving bodily harm or death to another person or if damage to a vehicle renders it unable to drive normally. Even though notifying the police is required by law, it can also benefit you greatly if you decide to pursue compensation from the other driver (and their insurance company).
Why is the Police Report So Important?
When you call the police after you have been in a car accident, they will usually come to the scene of the accident and conduct an accident investigation. Once the investigating officer has gathered all of the evidence, he/she will prepare a crash report (commonly known as a police report). The police report can be an invaluable piece of evidence when negotiating claims with your insurance company and when filing a personal injury claim. The police report serves as an official record of the incident and provides a non-party's objective perspective of the accident.
Will I Be Able to Receive Compensation for My Injuries After My Motorcycle Crash?
Motorcycle accidents are extremely dangerous. In the state of Texas in 2019, more than 1,800 individuals were seriously injured in a motorcycle accident. In the majority of these crashes, another driver's negligence is to blame for the wreck. However, many motorcyclists face prejudice when attempting to recover damages in an insurance claim or personal injury case. Motorcyclists are often unjustly perceived as dangerous drivers and this bias can make it more difficult to recover full compensation for the motorcycle rider's injuries.
Collecting Damages After the Accident
Motorcyclists are sometimes misperceived as reckless drivers. This bias persists in the courtroom and insurance agencies, making it challenging for a biker to recover full damages after a crash. Because of this obstacle, bikers must follow specific guidelines to give themselves the best advantage at restoring themselves mentally, physically and financially after the crash.
Can I Claim Compensation for a Texas Car Accident Even if I Am Partially Responsible?
Not too long ago, personal injury claims were structured much differently than they are now. Nearly all states used to practice what is known as “pure contributory negligence.” The rule of pure contributory negligence states that a person who is in any way at fault for their injury cannot recover damages from the responsible party. Even if the person seeking compensation was only minimally at fault for an accident, they used to be barred from being awarded damages for their injury. Most states — including Texas — have enacted some type of comparative negligence rule, allowing the claimant to recover compensation, even if they are found to be partially at fault.
Understanding Proportionate Responsibility
Rather than comparative negligence, the state of Texas uses the term “proportionate responsibility,” but they mean the same thing. Different states have different percentage amounts that a claimant can be liable for before they are barred from receiving compensation. In Texas, this is referred to as the “51 percent bar” because a claimant can still recover compensation from another person if they are 50 percent or less liable for the accident that caused their injuries.
Legal Options for Families Who Have Lost a Loved One Due to Drunk Driving
Drunk driving affects the lives of millions of individuals each year. In 2019, there were over 24,000 alcohol-related collisions on Texas roadways. That works out to one drunk driving crash every 20 minutes. Drunk driving causes nearly one-third of all traffic fatalities in the Lone Star State. If your loved one died in a wreck caused by a drunk driver, you should know that you may be able to hold the driver accountable through a civil lawsuit.
Drunk Driving Wrongful Death Cases in Texas
Driving while intoxicated by alcohol is against the law in Texas. Consequently, the driver who caused your loved one's fatal accident may face significant criminal penalties. While criminal consequences can provide a sense of justice, jail time and other punitive measures do not provide restitution to the victim's surviving loved ones. A wrongful death lawsuit is a civil lawsuit brought by a deceased person's family member for a death caused by wrongdoing or negligence. A criminal conviction is not needed for a successful wrongful death claim.
Has the COVID-19 Pandemic Increased the Frequency of Truck Crashes?
Americans relied heavily on commercial truck drivers to transport goods long before the COVID-19 pandemic. However, the virus has triggered an unprecedented increase in the number of products being shipped on trucks. Whether ordering home goods from Amazon, mailing a birthday present through FedEx, or receiving an eBay purchase through UPS, most of us are using delivery services more than ever. Many people wonder if the increased number of trucks on the road has led to an increase in the number of truck crashes.
Data Shows That Fatal Auto Accidents Increased During 2020
According to the National Safety Council, traffic deaths increased significantly in 2020. Just over 42,000 individuals lost their lives in vehicle crashes last year. This increase marks the largest jump in traffic deaths since the NSC started keeping track of traffic fatality data almost 100 years ago. There is less data available regarding the frequency of large commercial vehicle / 18-wheeler wrecks in 2020. However, many experts estimate that commercial vehicle / 18-wheeler crashes have significantly increased concurrently with other types of auto wrecks.
Can I File a Wrongful Death Lawsuit if My Loved One Died in a Motorcycle Crash?
Motorcyclists are at a much higher risk of death or severe injury in the event of a crash compared to drivers and passengers in cars, trucks and SUV's. If your loved one passed away due to injuries he or she suffered in a motorcycle collision, nothing can make up for this tragic loss. However, legal action in the form of a wrongful death lawsuit may allow for financial recovery and help you hold all liable parties fully accountable from a civil standpoint. Read on to learn about the elements of Texas wrongful death lawsuits and what you can do if you are interested in seeking civil justice for your loved one through a wrongful death claim.
Is a Motorcycle Accident Fatality Considered a Wrongful Death in Texas?
Any unexpected death feels “wrongful” to the victim's surviving loved ones. However, a wrongful death is specifically defined by Texas law as a death caused by wrongful act, recklessness, or negligence. You may be able to bring a wrongful death lawsuit on your deceased loved one's behalf if he or she was killed in a motorcycle crash caused by another party's negligent or even unlawful behavior. Some examples of negligent or illegal behavior that may lead to a fatal motorcycle crash include:
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