Per the Texas Department of Transportation (TxDOT), one person was injured in a collision every two minutes and three seconds across the state in 2019, and a reportable crash occurred every 56 seconds. People involved in accidents may face devastating injuries, medical bills, and car repairs.
If another driver hit your car, you could receive compensation through a liability insurance claim or personal injury lawsuit. Starting a car accident lawsuit can be complex, but an Allen car accident lawyer from our team at Trujillo & Sanchez, P.C., could assist you in making a claim and managing your case.
Types of Car Accident Cases We Handle
The type of car accident and contributing factors will be crucial in determining who is liable for your injuries. Our firm has represented clients in a variety of collision cases, including those involving:
- Rollover accidents: A rollover accident occurs when a vehicle flips over on its roof or side.
- Pileup accidents: When drivers fail to maintain a safe space between themselves and other cars, multi-vehicle pileups can happen.
- T-bone or side-impact accidents: When the front of one vehicle collides with the side of another, it is called a t-bone or side-impact collision.
- Head-on collisions: When the fronts of two cars hit while going in opposing directions, it is called a head-on collision.
- Rear-end collisions: A rear-end collision occurs when one vehicle hits the back of another. The driver who rear-ends a car is usually at fault. However, there are times when the driver in front is liable.
- Sideswipe collisions: A sideswipe collision occurs when two cars are traveling side by side, and they get too close, causing a collision.
Proving Negligence in a Car Accident Case
In a car accident case, you must be able to prove there was a duty of care, breach of duty, causation, and damages incurred as a result.
Legal Duty of Care
When filing a car accident lawsuit, you must show that the driver owed you or your loved one a legal duty of care. All drivers on the road have a legal obligation to operate a vehicle safely, which is often enough to prove this element of negligence.
Breach of Legal Duty
It’s relatively easy to establish a legal duty of care for drivers, but you must also show that the driver who hit your car violated that legal duty by driving recklessly, carelessly, or aggressively.
Causation
After you prove there was a breach of duty, you must show that the driver’s actions were the direct cause of the accident. The question of negligence and legal liability boils down to determining who was at fault. Common examples that could make the driver liable for a collision include if they were:
- Intoxicated or on drugs
- Texting or otherwise distracted by their phone
- Putting on makeup
- Eating
- Looking at something other than the road
- Speeding
We will need to establish that, had the other driver not committed these actions, the accident likely would not have occurred.
Damages
Finally, you must show that the car accident resulted in injury. If you or your loved one suffered injuries, it could entitle you and your family to economic and non-economic damages.
Recoverable Damages From a Car Accident Lawsuit
According to Texas Civil Remedies Code § 41.010, victims of car accidents caused by another driver’s negligence can receive economic and non-economic damages from a claim or lawsuit. Some examples of economic damages include:
- The costs to repair your vehicle
- Medical bills
- Financial losses, such as missed income
- Other out-of-pocket costs due to the accident
In a successful car accident claim, you could also collect non-economic damages, such as compensation for disabilities, stress, and pain and suffering.
Most economic and non-economic damages are not capped in Texas. However, this is not the case for lawsuits filed against government entities or employees. Under Texas Civil Practices & Remedies Code § 101.101, the state government’s liability is capped at $250,000 for each person and $500,000 for any single incident for injury or death. Destruction of property is capped at $100,000.
Statute of Limitations on a Texas Car Accident Case
A statute of limitations is a law that limits the amount of time you have to sue. For example, under Texas Civil Practice & Remedies Code § 16.003, you have two years from the date of the accident to initiate a lawsuit.
Suppose you were injured by a negligent government employee in a car accident, like a bus driver. In that case, you’ll need to file a claim within six months and give the state of Texas or Allen a chance to respond to your allegations.
Steps to Filling a Car Accident Case in Allen, TX
What you do following a car accident can influence your case. Follow these steps after you get into a car accident:
- Notify the authorities right away if you’ve been in a car accident and file a report.
- Obtain the names and contact information of all the drivers involved.
- Take photos at the scene of the car damage.
- Seek medical care as soon as possible.
- File an insurance claim.
- Refrain from taking any quick settlements from insurance companies.
- Explore hiring a car accident attorney
All car accidents and car accident claims are different. The key to a successful car accident case is thoroughly analyzing the evidence and establishing the accident’s cause. We will put our expertise, resources, and years of experience together to ensure you won’t settle or accept anything less than you deserve.
Entrust Your Case to Trujillo & Sanchez, P.C.
Have you been injured in a car accident in Allen? Trujillo & Sanchez, P.C. is a Texas-based personal injury law firm that can help. We can build your case, negotiate with insurance adjusters, and fight for your rights.
With over $500 million recovered for our clients, you can feel confident in your case with our team by your side. Contact us today at (972) 529-3476 for a free case review.