Am I Allowed to Sue If I Was a Passenger in a Car Accident in Texas?
If you suffered injuries as a passenger in a Texas car accident, you can file an insurance claim or a personal injury lawsuit to collect compensation. The personal injury lawyers at D. Miller & Associates, PLLC, can help you understand who caused the crash, or even explain how the drivers involved share the fault. Then, we can help you prove your claim and navigate the process to recover the compensation you deserve. Call 713-850-8600 today for a free consultation about your case.
How Do I Hold the At-Fault Driver Liable for My Injuries?
Just like drivers, passengers in Texas car accidents have a right to hold the at-fault driver liable for the injuries and other damages they suffer. When it comes to filing a claim or pursuing a lawsuit as a passenger, however, you may have more options.
Under state law, a driver who shares fault in an accident cannot recover the full value of their losses through an insurance claim or lawsuit. Instead, their payout is reduced. If they carry over 50 percent of the fault, they cannot recover compensation from the other driver at all. If you did not contribute to the crash, however, you can recover 100 percent of the value of your damages.
Depending on the circumstances of the accident, a passenger can recover compensation from:
- The driver of another vehicle who caused the crash;
- The driver of their vehicle if they caused the crash;
- Both drivers if they share fault in the crash; or
- Their own uninsured/underinsured motorist coverage if the at-fault driver does not carry adequate liability insurance.
We offer free case evaluations and can help you understand which of these options applies in your case. Call us today to get started.
How Do I Prove Who Caused My Car Crash?
Before we can file a claim to get you compensation, we must determine who caused your wreck. Proving fault plays a major role in determining how we proceed with your car accident case.
We investigate every car accident claim we handle. We may call in survey teams, enlist the help of accident reconstruction specialists, and utilize other resources to help us understand how your accident happened and why it occurred. We also identify and analyze all available evidence. This varies from crash to crash, but may include:
- The police report from the responding officers;
- Witness interviews;
- Video of the crash, when available;
- Photos or video taken at the scene;
- The vehicles involved;
- Your medical records; and
- Proof of your damages.
All Texas car accident claims hinge on proving negligence. To win compensation on your behalf, we need to show the at-fault driver acted negligently when they caused your crash. We can do this by establishing four points:
- The driver in question had a duty to follow traffic rules and drive reasonably;
- They disobeyed these rules and drove in a careless and unreasonable way;
- This directly led to the accident and your injuries; and
- You suffered financial harm because of the crash.
If we can prove these points, we can possibly file a successful insurance claim or lawsuit against the negligent motorist.
As a passenger in the crash, we may be able to file multiple claims on your behalf. For example, imagine you are riding with a friend. This friend is speeding and collides with another driver who fails to yield while turning left. Since they both broke traffic laws and acted carelessly, they share in the fault of the accident.
If a situation like this applies to your case, we can help you file third-party liability insurance claims against both drivers. This is the best way to recover the full value of your damages.
What Damages Can I Recover with an Insurance Claim or Lawsuit?
While the value of your losses depends on your individual expenses, some of the most common damages we can recover include:
- Medical bills;
- Ongoing care costs;
- Lost wages;
- Property damage, such as repair or replacement of a broken phone;
- Out-of-pocket costs; and
- Pain and suffering
We can settle most of these cases without going to court by negotiating a fair settlement with the insurance company or companies. If an insurer refuses to pay out a fair settlement based on our evidence of your damages, however, we can file a lawsuit and litigate your case.
How Can I Discuss My Case With a Texas Car Accident Lawyer?
The Texas car accident attorneys from D. Miller & Associates, PLLC, can help you understand your options if you suffered injuries as a passenger in a car crash. We can investigate your case and fight for the full compensation you deserve.
Call us today at 713-850-8600 for your free consultation.
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