Driving an automobile is one of the most dangerous things you can do in terms of your personal safety and physical health. While numerous technological advancements, safety features, and legislative efforts have reduced car wreck injuries and fatalities over the years, driving or riding in a motor vehicle is still statistically more dangerous than any other mode of transportation.
If another driver did something reckless or careless behind the wheel that led to you getting hurt, our Clear Lake car accident lawyers can help you pursue a comprehensive settlement from the at-fault party or their insurance company. The personal injury attorneys at Haines Law can also work to nullify various legal roadblocks that could otherwise limit your ability to recover compensation.
Car Insurance Laws in Clear Lake
Because Texas follows a fault-based car insurance system, anyone injured in an automobile accident can seek compensation for related injuries and losses by filing either an insurance claim or a civil lawsuit directly against the driver responsible for the wreck. Fault for an auto collision is generally a matter of legal negligence. Specifically, if someone broke a traffic law, drove while drunk or distracted, or engaged in other reckless behavior prior to a car crash, our Clear Lake attorneys can hold them liable for the subsequent damages.
Additionally, Texas Transportation Code Title 7, Subtitle D §601.051 makes it mandatory for anyone who operates a motor vehicle within state lines to maintain some form of liability insurance. According to TX Transport. Code Title 7, Subtitle D §601.072, a valid car insurance policy must provide the following minimum coverage:
- $30,000 for any individual’s injuries
- $60,000 for all the injuries of everyone involved in a single accident
- $25,000 for all property damage stemming from a single accident
Factors that Could Reduce Settlement Value
Unfortunately, if the at-fault driver’s insurance policy does not cover the full value of your damages, you may have relatively few options for making up the difference. While Texas Insurance Code Title 10, Subtitle C §1952.101 requires all car insurance providers to offer underinsured/uninsured motorist coverage to their policyholders, this particular type of coverage is not included in every policy.
Additionally, any allegation that implies that you are partly responsible for your own injuries could significantly reduce how much compensation you are offered. This is due to the modified comparative fault system outlined in Chapter 33 of the Texas Civil Practice and Remedies Code, under which a plaintiff’s compensation can be reduced by their assigned percentage of fault, and any plaintiff who is more than 50% at fault for an accident is barred from seeking civil recovery.
Finally, the statute of limitations codified in TX Civil Prac. & Rem. Code §16.003 sets a filing deadline of two years after the date of injury for virtually all personal injury claims, including those involving car wrecks. Assistance from our auto accident lawyers may be essential to navigating these obstacles and maximizing your financial recovery.
Get in Touch with Our Clear Lake Car Accident Attorneys Today
The process of pursuing a fair settlement after a crash may last weeks or months. Given how often insurance companies lowball accident victims and sway circumstances in their favor, you can benefit greatly from speaking with one of our steadfast legal advocates.
Representation from our Clear Lake car accident lawyers could make all the difference in the settlement negotiation process and how much money you ultimately walk away with. To schedule an initial consultation, call Haines Law today.