In a car accident case, there may be one negligent driver who caused the wreck, one driver injured by the crash, and the matter seems simple enough to turn over to the insurance company. As many Texas accidents cases have demonstrated, however, an automobile accident claim may become complex if the parties have disagreements about the event, injuries, or financial responsibility.
Regardless of how obvious liability may be, insurance companies will typically investigate the accident. They may consider the police report, evidence of vehicle damage, medical documentation, witness reports, and the prior health history of the claimant before offering to settle a claim.
Here are just a few of the common problems that can affect a Texas car accident case.
1. The Drivers Disagree About Who Caused the Crash
Perhaps the first issue that an injured person faces is proving who caused the crash. A crash case may begin with drivers giving different versions of how the accident occurred. In fact, the driver at fault may try to blame another driver for their actions by claiming that the other person was speeding, distracted, driving too close, or causing the crash.
Evidence that may help establish what happened can include:
- Crash report
- Photos and video from the accident scene
- Surveillance footage from traffic cameras or area businesses
- Vehicle damage and debris
- Witness statements
- Cellphone or vehicle data, if any
- Medical documentation of injuries
Texas is a modified comparative responsibility jurisdiction, meaning that an injured person’s compensation may be reduced by the percentage of their responsibility. If the person is determined to be 51% or more responsible, they may not be able to recover damages in Texas.
Because fault can significantly affect the value of a claim, it is important to preserve evidence and avoid making speculative statements about the accident.
2. More Than One Driver May Be Responsible
A multi-car accident or chain-reaction crash may be more complex to determine because responsibility may rely on the behavior of every driver involved. For example, one driver may cause the first crash while another driver causes the second because of following too closely behind the first. The at-fault party may be a commercial vehicle, rideshare driver, vehicle owner, employer, or another person involved in the crash.
A claim may take longer if there are disputes over the division of responsibility. Insurance companies may fight over which insurance policy covers the case and which insurer should pay more than the other.
3. The Insurance Company Disputes the Value of the Claim
An insurance company may admit that its insured driver caused the crash, but still dispute the dollar amount of compensation requested. Common areas of disagreement include:
- Emergency room and hospital bills
- Cost of future medical treatment
- Loss of income or earning capacity
- Vehicle damage
- Pain and physical limitations
- Emotional distress
- Permanent impairment or disfigurement
A settlement offer may not consider future treatment or the complete impact of the injury on a person’s life. At the same time, however, every car accident case must be supported by evidence. Documentation of medical care, lost income, and other damages are necessary to obtain compensation for a claim.
A settlement offer should only be considered after weighing the known and potential consequences of the injury.
4. The Injuries Are Not Immediately Apparent
Some injuries do not reveal their severity until hours or days after the crash. Whiplash, concussions, soft-tissue injury, and certain back injuries may worsen over time.
While delaying treatment, an insurer may claim that the injury was not caused by the accident or is not as serious as reported. Such a delay does not automatically defeat an injury claim, but creates an additional issue to prove in the case.
After a collision, it is generally wise to:
- Seek medical treatment if any symptoms appear or if a doctor recommends examination
- Follow prescribed treatment
- Report every symptom to the treating healthcare provider
- Keep a record of appointments, medications, work and activity restrictions, and expenses
A person should not exaggerate symptoms, but they also should not ignore pain or other changes in their health.
5. A Pre-Existing Condition Becomes Part of the Dispute
Before paying compensation, an insurance company typically investigates whether the claimant suffered from a prior medical condition or injury. They may argue that an existing condition, rather than the accident, caused the current symptoms.
A pre-existing injury does not always prevent the recovery of damages, since the accident may aggravate the existing condition and cause further injuries. The medical question may be whether the crash caused a new injury or aggravated the existing one.
Accurate medical history is crucial in this situation. While omitting the history of the prior injury may harm the claim, a qualified doctor can testify regarding the difference between the prior condition and the effects of the accident.
6. There Is Limited Evidence From the Accident Scene
Every piece of evidence may be useful in proving the claim, but it cannot last forever. Vehicles may be fixed, surveillance footage erased, and witnesses hard to find.
If it is safe to do so, a person involved in a crash may want to document:
- Location of vehicles
- Vehicle damage
- Skid marks, traffic lights, road and weather conditions
- Injuries visible to the naked eye
- Names and contact information of witnesses
Additionally, every person involved in the accident may wish to keep any documentation, including photographs, videos, repair estimates, medical bills and statements, correspondence with the insurer, etc. One should be careful with social media because postings can also be used to assess the claim.
7. The At-Fault Driver Has No Insurance or Not Enough Insurance
At fault driver may have no insurance coverage or liability limits too low to compensate the victim for all of their damages. It may complicate the compensation process, especially in the case of serious injuries requiring long-term treatment.
Victim of the crash may need to look into the coverage for uninsured and underinsured motorists provided by their auto insurance policy. Separate policy language and notice requirement, among other issues, may affect such a claim.
Depending on the circumstances of the accident, the claimant may have other sources of coverage to investigate.
8. The Accident Involves a Commercial Vehicle or Rideshare Driver
If the crash involved a commercial vehicle, such as delivery truck, company car, tractor-trailer, bus, or a rideshare driver, the claim may involve more than the driver. A commercial vehicle accident may include as defendants the driver’s employer, a vehicle owner, rideshare company, or a commercial insurer, among others.
Commercial vehicle cases may also require evidence such as:
- Driver’s qualification and training documentation
- Drivers hours-of-service record
- Vehicle maintenance record
- Data from onboard electronic equipment or camera footage
- Company policies
- Driver employment information and vehicle ownership
These materials may not be available without timely investigation or formal legal procedures.
9. A Government Vehicle or Roadway Condition Is Involved
When the crash involves a government vehicle, a hazardous road condition, or an inadequate traffic signal, additional rules may apply. Claims against governmental entities involve notice requirements, immunity rules, and reduced deadlines.
Such claims may involve different rules depending on whether the responsible party is a city, a county, a state agency, or another governmental entity. One should seek legal advice as soon as possible if they intend to bring a claim against a government entity rather than assume the standard deadline applies.
10. The Statute of Limitations Is Approaching
Texas imposes a two-year statute of limitations for many personal injury and property damage cases that result from car accidents. Some situations may affect the applicable deadline, including claims involving minors, wrongful death, or governmental entities.
The statute of limitations deadline is not merely a recommendation to hire a lawyer. Missing the deadline in some cases can permanently bar a lawsuit, and negotiating a claim settlement does not affect the statute of limitations deadline either.
Depending on the deadline, an accident victim should investigate the possibility of legal action before the statute runs out.
11. The Claimant Gives a Recorded Statement or Signs a Release
The insurance adjuster may ask for a recorded statement shortly after the accident. He may also offer a settlement and medical authorizations, including releases.
A claimant’s statements during the course of the claim may be used later to compare with medical records, crash report, and testimony. Release may prohibit obtaining additional compensation later on, even if new injuries occur as a result.
Before providing a recorded statement or signing a release or accepting a settlement, one may want to review their rights and whether the offer reflects all known losses.
12. The Claim Involves a Fatality or Serious Permanent Injury
Fatalities or serious injuries may raise additional questions. Depending on the circumstances of the case, it may involve wrongful death, loss of consortium and earnings, future medical expenses, permanent disability, etc.
Such cases often involve significant documentation and may include several family members, insurance companies, medical providers, and other parties. Emotional stress involved in such claims may also complicate the task of meeting deadlines and negotiating settlement.
What Should You Do After a Texas Car Accident?
If you are involved in a collision, consider taking the following steps when possible:
- Contact the emergency services if necessary
- Exchanged contact and insurance information with the other driver
- Document the scene and vehicle damage
- Find witnesses
- Seek medical care and follow prescribed treatment
- Notify the insurer of the accident, if required
- Do not speculate about the cause of the accident
- Keep documentation of injuries and other losses
- Be careful when discussing the case with the insurance companies or posting information online.
How the Cain Firm May Help With a Texas Car Accident Claim
The Cain Firm is an attorney group representing injured persons in car accident and other personal injury cases in Fort Worth, Granbury, the Dallas-Fort Worth Metroplex, and other locations in Texas. The firm’s web site mentions car accidents among its practice areas and provides consultations to prospective clients. cainfirm.com
The legal team may assist in investigation, communication with the insurance companies, obtaining evidence, evaluating damages, and pursuing a claim, where appropriate. Every case is different, and the legal representation is needed in some, but not all, situations.
If you would like to discuss your Texas car accident case, contact the Cain Firm using cainfirm.com or call 817-577-7777.
Frequently Asked Questions
How long do I have to file a car accident claim in Texas?
Many Texas personal injury claims have a two-year statute of limitations. Some types of claims, such as governmental claims and wrongful-death claims, may involve different deadlines. A lawyer can review the facts and identify the applicable deadline.
Can I recover compensation if I was partly at fault?
It may be possible. Texas may reduce a successful claimant’s compensation based on their percentage of responsibility. But a person who is 51% or more responsible may not be eligible to recover any compensation.
Should I accept the insurance company's first settlement offer?
Not necessarily. An early settlement offer may not consider future medical expenses, earning capacity, or other damages. Before accepting the offer or signing a release, you may want to review the full effect of the injury.
What if the other driver does not have insurance?
Uninsured or underinsured motorist coverage of your own may provide the means of recovery. Policy details and notice requirement, among other issues, may be relevant in such cases.
Can I bring a claim if I had a pre-existing injury?
A prior condition does not automatically prevent recovery. The question is whether the accident caused the new injury or worsened the preexisting one.
This article is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Laws change and every case is different. For advice about your specific circumstances, please consult a licensed Texas attorney.