Trujillo & Sanchez Law Firm

Car Accidents lawsuit

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Car accidents are the number one cause of personal injury claims in Texas. Individuals who have been seriously injured by another driver may file a claim for car accident compensation to recover damages.

Texas has a two-year statute of limitations for personal injury claims related to motor vehicle accidents. As a result, you have two years from the date of your injury to file a claim, or you may lose your right to compensation.

Types of Car Accidents

Understanding the cause of the accident is essential to deciding who is liable, but the type of accident may also be relevant. This can impact the extent and nature of the victim’s injuries, which determines the value of the claim.

Here is a list of the most common car accidents.

Head-on Collisions

A head-on collision is an accident that occurs when the front ends of two vehicles collide with each other while traveling in opposite directions. 

Rear-end Collisions

This occurs when a vehicle rear-ends another vehicle. In most cases, the driver who rear-ends another driver is at fault. However, there are some situations where the vehicle in front acts negligently.

Sideswipe Collisions

When two vehicles are traveling side by side and the left side of one vehicle collides with the right side of the other, it’s called a sideswipe collision.

Rollover Accidents

When a vehicle rolls over on its roof or side, the motor vehicle accident is considered a rollover. 

Side Impact Collisions

A side impact collision occurs when the front of one vehicle collides with the side of another. These collisions are also known as “T-bone” accidents.

Pileup Accidents

A pileup accident involves multiple vehicles and occurs when drivers fail to keep a safe distance from other vehicles.

Why You Need a Car Accident Lawyer in Texas

It’s necessary to hire a car accident lawyer to ensure that you get full monetary compensation. At Trujillo & Sanchez, P.C., our car accident lawyers work tirelessly on your case to make sure the insurance companies compensate you for any medical expenses, lost wages and more.

To give you an idea, here are some tasks a car accident lawyer may complete:

  • Deal with insurance companies. This task can quickly get complicated. 
  • Obtain evidence. This includes talking to witnesses, gathering and analyzing police reports, compiling medical records, and assessing lost wages (if necessary). This evidence is critical to the success of the claim. 
  • Prepare the claim. This key document sets out all the facts in a manner that will lead to settlement negotiations.

Compensation We Can Get for You Due to a Car Accident in Texas

Compensation due to a car accident in Texas can be both economic and noneconomic.

Economic damages are based on the actual costs resulting from your accident and include:

  • Medical expenses: Diagnostic tests, treatments, medications, follow-up appointments, occupational therapy, or rehabilitation costs all qualify.
  • Property damage: Costs associated with the repair or replacement of the vehicle.
  • Lost income: Includes current and future lost earnings, retirement contributions, and other benefits in the event of permanent impairment or long-term disability.

Noneconomic compensation may be granted for pain, suffering, and mental anguish, as well as the impact of disfigurement, scarring, or loss of a limb.

Options for Pursuing Compensation for Your Car Accident in Texas

Drivers involved in a Texas car wreck have three options for pursuing damages:

  • File an insurance claim against the at-fault driver
  • File a claim against their auto insurance
  • File a personal injury lawsuit against the liable party in court.

Insurance claims are often the first course of action for recovering damages in your car accident. Therefore, it’s useful to know how car insurance coverage works in Texas so that you can understand the first two options listed above.

Car Insurance Laws in Texas

Texas operates under the fault system when it comes to auto insurance claims. It requires each driver to prove that they can pay for the damage they caused in a car accident. The state allows you to show financial responsibility in multiple ways, but carrying car insurance is most prevalent. 

Drivers who carry car insurance must obtain third-party liability insurance at or above the minimum limits below per Texas Transportation Code § 601.072:

  • $30,000 per person, bodily injury, or death
  • $60,000 per accident, bodily injury, or death involving two or more people
  • $25,000 property damage

Third-party liability insurance only covers those you hit with your car. It does not cover injuries or damage you sustain. Therefore, you would need to purchase additional coverage beyond the state requirements for those losses.

Personal Injury Protection (PIP)

Car insurance companies must offer personal injury protection, but a driver can waive this coverage in writing. PIP covers your medical expenses, a portion of lost wages, and replacement services. If you have PIP, you can file a claim with your insurer to receive financial relief right away rather than waiting for a liability determination from the other driver’s insurance company. PIP also covers your household members. 

Medical Payment (Medpay)

Medpay exclusively covers medical bills resulting from your Texas car accident. 

Comprehensive Coverage

Comprehensive insurance covers your vehicle if damage occurs from anything other than a crash, such as a fire, fallen debris, vandalism, or theft. 

Collision Coverage

This coverage pays for vehicle repairs or replacement if you sustain damage in a car crash.

Uninsured/Underinsured Motorist Protection

Suppose you are involved in a traffic accident in Texas, and the at-fault party does not have the required insurance, or their coverage is insufficient. As a result, your uninsured/underinsured (UI/UIM) coverage would pay for your damages. It also covers you if you cannot find the driver (hit and run). Through UI/UIM protection, you can recover compensation for car damage, lost wages, medical care, and pain and suffering. 

A car accident attorney in Texas can help you file your insurance claim while you focus on your recovery.

You Have the Unrestricted Right to File a Car Accident Lawsuit in Texas

Remember, insurance only pays up to policy limits. Therefore, if the at-fault driver’s insurance coverage was insufficient to reimburse the total amount of damages you suffered for medical bills, property damage, or other actual costs, you could sue them personally for the remainder.

You can also sue for damages their liability insurance does not necessarily cover, such as pain and suffering. Since Texas is an at-fault state, drivers do not have to meet a significant injury threshold to sue for pain and suffering or other noneconomic damages. 

Further, the insurance company denies your claim, or you receive an offer less than what you’re entitled to receive, you can file a lawsuit against the insurance company. Our car accident lawyers will help you take legal action against the at-fault driver’s insurance company or yours if either denies your claim and you qualified for uninsured/underinsured motorist, Medpay, comprehensive, collision, or PIP coverage.

Fight for Maximum Compensation with Trujillo & Sanchez, P.C.

At Trujillo & Sanchez, P.C., we’ll fight to get you the maximum car accident compensation benefits possible. We have recovered over $500 million in damages for our injured clients.

Call now for a free consultation. If we don’t win, you don’t pay us!

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“The worst insurance ever wanted to give me a couple of thousand dollars after their insured driver ran me over. Out of options, the law offices of Trujillo/Sanchez represented me. Every time I called, they had the answers to my questions. I was rendered a verdict and received way more compensation for my injuries than what I was offered. Contrary to what your insurance company may say…You’re not in good hands with them. You’re in good hands with James Trujillo & Andre Anziani!!”
Brian Sirmon
“David Sanchez took my case when no other attorney wanted to. Not only did he work hard and spend a lot of time with me, but he also won my case. I can’t say enough great things about David and his law firm.”
Fransisco Gonzalez Jr.
“Mr. Trujillo did a great job with the little he had to work with. Was patient and persevered. Thank you to him and his firm.”
Vic Villalobos

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