Texas has one of the highest auto accident rates in the country, and victims of car wrecks who are not at fault are entitled to compensation for the damages and losses they rightfully deserve. Texas allows compensation for both economic losses, such as medical bills and property damage, and the more intangible non-economic losses, such as loss of enjoyment of life and pain and suffering.

If you or a loved one has been involved in a car crash, it’s natural to be overwhelmed by having to deal with damages that result. If your case is not too complicated and injuries and damages are not severe, insurance may cover your losses. However, even if both you and the other party are insured, filing an insurance claim may not be your best option.

Insurance companies are paid to represent the interests of their policy holder and to save as much money as possible. To protect your rights and maximize the compensation you receive, it pays for you to speak to an experience auto crash attorney before you talk to an insurance company. Attorneys often offer a free consultation and represent clients on a contingency basis taking a percentage of the verdict won, so they will not be paid until you are paid. They have the experience to know what your case may be worth and help ensure you get the best settlement possible.

Here are some basic things to know about what damages you can seek in a car accident:

Texas is a “modified comparative fault” state.

When a case goes to court, jurors will determine the level of fault attributed to each driver and will also decide who is entitled to damages, how much, and for what. If Driver A is found to be 20% at fault but the other driver is 80% at fault, Driver A will receive 20% less than what the settlement is worth. If a driver is more than 50% at fault, the driver cannot collect anything.

If the accident was your fault, you will have to contact your own insurance company to cover your losses. If the wreck was the other driver's fault, you will need to contact that driver's insurance company, and you should contact an attorney if there is a possibility of a lawsuit. 

Types of Compensation

If the other driver was at fault, you may receive compensation for damages in the following areas:

• Auto Repairs -- Costs of having your car fixed and costs of a rental car.

• Past and Future Medical Expenses -- You may receive compensation for medical bills incurred as a result of the accident, including ambulance costs, hospital and doctors’ bills, rehabilitation and physical therapy costs, prescriptions and other medications. You can also claim compensation for future medical expenses which are estimated by medical professionals.

• Non-Economic Costs -- Depending on the severity of the injuries, you may receive compensation for pain, stress and mental anguish.  Loss of consortium and life’s pleasures, such as damage to a marital relationship or ability to have a social life, may also be considered.

• Disfigurement and Impairment such as scarring or loss of a limb.

• Past and Future Lost Wages --If you missed work because of an accident, you may be compensated for your lost wages and earning capacity.  You may also receive compensation if you will be unable to work in the future or earn what you did before the accident.

Texas Car Accident Laws

Texas law requires drivers to file a Crash Report, Form CR-2, within ten days when the accident is not investigated by a police officer and it results in injury, death, or property damage greater than $1,000. If you have been involved in an accident, you should make sure that everyone is safe, call for medical assistance, exchange personal, vehicle, and insurance information with the other drivers, and get the names and contact information for any witnesses.

Texas has a two-year statute of limitations -- the time you have to file a personal injury lawsuit following an accident. Because insurance companies will attempt to get you to accept the lowest settlement possible, car crash victims who have sustained damages should contact an experienced Texas personal injury lawyer before speaking to an insurance company.