If another party caused your car accident, you can recover compensation from that party. It is important to protect your legal rights and take the steps that lead to fair compensation. You can learn about the dos and don’ts of successful car accident cases by reviewing yours with a car accident lawyer in Baytown.
D. Miller & Associates, PLLC is dedicated to helping car accident victims recover compensation for their injuries and other accident-related losses.
Discover what your case could be worth and find out the plan to get you the settlement you deserve. You can do this by scheduling an initial consultation with D. Miller & Associates, PLLC. Call us at 713-850-8600.
A Negligent Driver May Be Liable for Your Injuries
Like most states, Texas is a “fault state” when it comes to car accidents. Fault states hold negligent drivers financially responsible for any damages the other driver(s) sustained. Many different actions or inactions can make a driver liable for an accident:
Distracted driving is all too common in Texas. Mobile phone use, whether talking or texting, is an obvious major culprit. Things such as eating, talking to passengers, personal grooming, adjusting GPS directions, reading maps, or reaching to recover stray items qualify as distracted driving as well.
Though many people do all these things from time to time, this is not reasonable driving behavior. Whether the driver received a citation or not, any deviation from this standard is a breach of the other driver’s duty of care. Such a breach can be the basis of a claim for negligence against the other driver if it caused an accident and injuries.
Failure to Obey Traffic Laws
Violating any traffic law can be evidence of negligence. Some of the most common include:
- Improper lane changes
- Failure to yield
- Failure to maintain a safe distance
- Intoxicated driving
Faulty Vehicle Maintenance or Defective Parts
Sometimes automobile parts, such as brakes, turn signals, or protective features like seat belts and air bags, fail and contribute to injuries or lead to serious accidents.
Improper vehicle maintenance (e.g., failure to check tire pressure) can also contribute to accidents.
Hazardous Road Conditions
It is also possible that unsafe road conditions were involved. Debris, potholes and other obstacles can lead to injury-causing accidents.
Fault Determines Your Entitlement to Damages
Texas law uses a modified comparative fault rule. This means that a victim can contribute to an accident and still be entitled to damages. However, if an insurer or court determines the victim to be at least 51 percent at fault, the victim cannot recover any compensation.
The statute also states that the victim’s percentage of fault decreases her settlement award. If an insurer or court awards a victim $100,000 and has found the victim to be 25 percent at fault, the victim would receive $75,000 (i.e., 75 percent of her award).
To establish fault in your case, we might need to call on a traffic safety engineer or accident reconstruction expert.
Types of Injuries D. Miller & Associates, PLLC Handles
Injuries resulting from automobile accidents range in intensity and extent. Some victims suffer chronic soft tissue injuries broken bones, and scars. Back and neck injuries can be both chronic and painful.
Spinal cord injuries that cause paralysis will require future ongoing medical attention, as could a traumatic brain injury. Both spinal cord injuries and brain trauma are frequent causes of disability.
In some cases, families must plan for long-term residential care or make modifications to their home and vehicles to accommodate limited mobility and other impairment. Lost income and/or loss of earning potential is an important factor in such cases. The loss of household services a victim can no longer perform is another category of damages. A spouse may have a claim for loss of consortium.
Other victims experience even more debilitating and permanent conditions. Sadly, too many car accidents are fatal, depriving loved ones of the support, love, and guidance of a family member.
When automobile accidents force a new way of life on their victims and family members, it is important to have professional guidance along the way. The team at D. Miller & Associates, PLLC helps families navigate this journey.
While we can easily determine some damages (such as medical expenses and lost wages), other damages are not so straightforward. Future medical needs may require the testimony of a physician. Limited earning capacity may require the analysis of a vocational or employment expert. Loss of future income may require the opinion of a forensic financial expert.
Victims should not overlook the emotional impact of an accident, which can lead to post-traumatic stress disorder (PTSD) and other psychological effects such as anxiety and depression.
Pain and suffering is also often a large part of any settlement or successful jury verdict. This refers to physical pain and its accompanying mental anguish.
Our team will determine what compensation you might expect for these and other damages.
Start Your Free Case Review
Chances are good that no amount of money can completely restore the sense of loss you are experiencing. It can nevertheless alleviate financial stress and assist you in practical ways along your journey to recovery.
With decades of experience in both successful trial advocacy and effective insurance settlement negotiation, D. Miller & Associates, PLLC would like the opportunity to discuss your case with you.
Texas law limits your right to file a claim to two years after the date of the car accident that caused your injuries. To protect your rights and start your free case review, call us today at 713-850-8600.