5 Things To Do if You’re at Fault for a Car Accident in Texas

5 Things To Do if You’re at Fault for a Car Accident in Texas

A car accident can be difficult to handle, even if the crash was not your fault. If the accident turns out to have been your fault, however, you might end up with legal problems in addition to financial and medical problems. Under these circumstances, you need to observe certain guidelines to protect yourself. 

If you are involved in this situation, you can always reach out to an experienced car accident attorney to handle your case and assist you with your claim in order to minimize your liability. Keep reading to learn more about what you can do to protect yourself.

Context: Negligence Law

Negligence is a legal term that means something like ‘carelessness.’ It is the most common basis for a personal injury claim. You will probably face a negligence claim if you are at fault for a car accident. To win a negligence claim against you, your opponent must prove:

  • You owed them a duty of reasonable care (such as the duty to drive safely),
  • You breached your duty of care (by breaking a traffic safety law, for example),
  • Your opponent suffered physical harm (in a car accident), and
  • It was your bad driving that caused the harm your opponent suffered.

Car accidents don’t always work this way, of course. You might have caused the accident by running into the street as a pedestrian, causing one car to swerve into another to avoid you.

Context: Texas Contributory Fault

Contributory fault is Texas’s way of distributing compensation when more than one party is at fault. Under the Texas system, you lose entitlement to compensation in exact proportion to your percentage of fault for the accident. You will lose 20% of your compensation, for example, if you were 20% at fault. 

Texas, however, applies a cutoff at 50%. If you were more than 50% at fault, your compensation will be zero. Even if the accident was mostly your fault, however, the lower your percentage of fault, the less compensation you will have to pay. 

5 Steps To Take if You’re Responsible for a Car Accident

Even in the (often overwhelming) aftermath of an accident, you must remember to take the following 5 actions:

  • Exchange contact and insurance information with the other driver. Texas law requires you to do this in most cases. If the accident was your fault, the other driver will insist upon it. 
  • Gather information at the scene of the accident (unless the seriousness of your injuries prevents this). For example, photograph everything that might be relevant, such as the position of the cars after the accident, skid marks on the road, and even the sky (if weather was a factor). 
  • Cooperate with the police. The police will probably send an officer to investigate and file an accident report. Although you normally can’t use a police report in court, either side can use it in settlement negotiations. Be polite, and tell the truth even if the accident was your fault. Stick to the facts, however, and avoid any conclusions like, “The accident was my fault.” 
  • Seek prompt medical attention. You might have suffered an injury in the accident without realizing it. That’s reason enough to seek prompt medical treatment. If the accident turns out to be partly the other driver’s fault, you might need your medical treatment records to support a counterclaim against the other driver.
  • Report the accident to your own insurance company. Under the terms of your policy, you probably have to report the accident to your own insurance company, even if they will not be paying the claim. 

Taking these steps can protect you against some of the worst legal consequences of a car accident.

What Not To Do After a Car Accident That Was Your Fault

Following are some examples of actions you should not take:

  • Do not leave the scene of an accident. Most of the time, leaving the scene of an accident is a crime in Texas. 
  • Do not admit fault, even to be polite, and do not apologize for the accident.
  • Don’t yell and scream at anyone, particularly the police. Do not try to fight anyone, no matter how angry you are. “Road rage” could subject you to punitive damages.
  • Don’t talk about your accident on social media. The other side can use your social media posts as evidence against you.

At some point, you might need to negotiate your liability. Avoiding these no-nos can help you protect your bargaining position. 

A Car Accident Lawyer Can Help  

A car accident lawyer can help you minimize your liability for a collision, even if it was mostly your fault. In a best-case scenario, your lawyer might even be able to prove that the accident was the other driver’s fault after all. The best way to explore your options is to seek an initial consultation with an attorney.

How To Make Sure You Get Compensated For Personal Injury in Las Vegas, NV

How To Make Sure You Get Compensated For Personal Injury in Las Vegas, NV

Las Vegas is not immune to accidents and personal injuries. Whether it’s a car accident on the Las Vegas Strip or a slip and fall in a crowded casino, you deserve to know how to ensure you get compensated for your damages

personal injury lawyer can assist with your claim and maximize your compensation. In the meantime, there are several points to remember as you navigate your path to recovery. Be sure to do the following: 

1. Seek Immediate Medical Attention

Your health is the top priority after an injury. You should seek medical attention as soon as possible. This is true even if you feel your injuries are minor or that you did not sustain injuries at all. Some injuries are difficult to detect, while others can take days or weeks to appear. A doctor can give you a medical evaluation to check for post-accident injuries.

Not only is this vital for your health, but a doctor’s record will also be crucial evidence in your case for compensation. Medical records help you show the extent of your injuries, prognosis, and treatment plan. They can also highlight the impact of injuries on your life. 

2. Document Everything

Documentation is evidence. Be sure to document every aspect of your accident and injury. This includes taking photos of the accident scene, keeping a diary of your physical and emotional challenges, saving medical bills, and tracking any lost wages from your injury. The more detailed your documentation, the stronger your case will be. 

Other important information to record includes:

  • The date and time of your injury
  • A detailed description of how your injury occurred
  • Names, contact details, and statements of any witnesses
  • Photographs of your injuries and the accident scene
  • Medication logs
  • Receipts for injury-related expenses, such as medical bills, transportation to medical appointments, and over-the-counter supplies

Thorough documentation is crucial. It will allow you to show the extent of your injuries and substantiate your compensation claim. 

3. Do Not Settle Too Quickly

Insurance companies are involved in paying compensation for many personal injury claims. Avoid settling too quickly if an insurance company is involved after your injury. A quick settlement may mean you take home less compensation than you deserve.

Understanding the full extent of your injuries and their long-term implications is important before agreeing to settle your case. A quick settlement may otherwise not cover all your future expenses, including medical costs, ongoing care, or lost earning capacity. This can inhibit your ability to recover fully from any accident or injury. 

4. Understand the Statute of Limitations For Your Personal Injury Lawsuit

The statute of limitations is the legal deadline by which you must file a lawsuit for personal injury. In Nevada, the statute of limitations for personal injury claims is generally two years from the date of the injury (with some exceptions). 

You must file a lawsuit within this timeframe to ensure your claim is valid. Missing the deadline can result in losing your right to seek compensation. 

5. Hire an Experienced Personal Injury Lawyer in Las Vegas, Nevada

Navigating personal injury law can be complex. An experienced Las Vegas personal injury attorney can help and significantly impact the outcome of your case. This includes the compensation you may be awarded. 

A skilled lawyer can gather and present evidence, handle negotiations with insurance companies, and represent you in any legal proceedings. 

Schedule a Free Consultation With a Las Vegas Personal Injury Lawyer

Suffering a personal injury in Las Vegas from someone’s negligence can be a traumatic and life-altering experience. Fortunately, many Las Vegas personal injury lawyers offer free consultations. A lawyer can help you understand your rights, document evidence, and pursue fair compensation for your injuries and losses.

How Long Do I Have To File a Personal Injury Claim After an Accident in Florida?

How Long Do I Have To File a Personal Injury Claim After an Accident in Florida?

Many assume that because Florida is a no-fault state for automobile insurance, they cannot sue a driver after a car accident. However, that is not entirely true. Florida’s insurance laws allow accident victims to file a personal injury claim after an accident in Florida if they sustain serious injuries and in other circumstances as well. However, the statute of limitations limits your time to file a personal injury claim after an accident in Florida. 

A team of experienced personal injury lawyers can help you determine the deadline for filing your personal injury claim in Florida. They can also advise you of your rights and legal options after an accident, helping you recover the maximum amount of compensation available. 

What Is a Statute of Limitations?

A statute of limitations is a law that limits the time you have to file a lawsuit or take legal action. In a car accident case, the statute of limitations sets the deadline for filing a lawsuit seeking damages. If you file your lawsuit after the deadline expires, a judge can dismiss the lawsuit even if you have a valid legal claim.

Statutes of limitations differ by state. Furthermore, there could be exceptions to the general statute of limitations for claims. Therefore, you must know what Florida laws apply in your personal injury case to determine how much time you have to file an injury claim after an accident in the state. 

What Is the Statute of Limitations for Car Accident Cases in Florida?

Most car accident claims are based on negligence. The Florida statute of limitations for negligence-based claims was recently amended. As of March 24, 2023, the deadline to file a lawsuit for a car accident claim is two years from the accident date. 

However, if the car crash took place before March 24, 2023, the previous law should apply. In those cases, the deadline to file a lawsuit would be four years from the accident date.

It is important to note that exceptions to the statute of limitations could alter the filing deadline for a lawsuit. Furthermore, the parties involved in the case and other factors could impact the filing deadline for a personal injury claim. 

For example, if your car accident claim involves a government entity, you might have a different deadline. As another example, if the victim is a minor, the deadline could be extended. 

According to Mark Roman & John Austin, Tampa personal injury lawyers at Roman Austin Personal Injury Lawyers, “determining how long you have to file a personal injury claim after an accident can be complicated. You should not assume you have plenty of time to file a claim. Instead, it is better to seek legal advice as soon as possible after a car crash in Florida”. 

The Benefits of Taking Legal Action Quickly After an Accident

Two years sounds like more than enough time to file a personal injury claim after an accident. However, time is not on your side. You should act quickly to file a personal injury claim for several reasons, which include:

Preserve Evidence 

An accident victim has the burden of proving the elements of a negligence claim to win a personal injury claim for a car accident. Those elements are:

The burden of proof is by a preponderance of the evidence. You must convince jurors that there is at least a 50% chance that the other driver caused your car accident. The strength of your evidence is crucial to winning your case.

However, delaying a claim could result in evidence being lost or destroyed. The sooner you contact an attorney, the quicker the attorney can work to collect and preserve evidence.

Allow Your Attorney Time To Prepare

It takes time to investigate and gather evidence to file a personal injury claim. The more time the attorney has to prepare your case, the better. Waiting until the statute of limitations is about to expire may not give an attorney time to prepare a lawsuit. 

Contacting a personal injury lawyer early in the process gives them sufficient time to work on your case. With more time, the attorney may be able to negotiate a fair settlement to avoid the cost, stress, and time of litigation. 

Memories Fade and Change

Eyewitness testimony can be powerful evidence in a car accident case. However, a witness’s memory may fade over time. They may not remember key details about the accident. 

An attorney can obtain the witness’s testimony early in the process by conducting a deposition. A deposition is sworn testimony given outside of court. 

Receive Compensation Quicker

Most personal injury claims are settled through negotiations with the other party. Beginning the process now means you might receive your compensation quicker. 

Set Up a Free Consultation With a Personal Injury Lawyer

You may need additional time to recover after an accident. Hiring a personal injury lawyer allows you to focus on your recovery. Your attorney can handle all matters related to your claim, including monitoring the deadlines for filing your lawsuit appropriately and on time.