If you've been in a car accident in Wichita Falls or Dallas, you’re probably wondering whether you have a valid personal injury claim. Whether or not you do depend on several key factors, including fault, negligence, damages, and navigating the complex world of auto insurance. Here’s a breakdown of what constitutes a valid Wichita Falls or Dallas car accident claim.
1. Fault (Liability)
The most critical element of any Wichita Falls or Dallas car accident claim, or any personal injury claim for that matter, is fault or liability. To have a valid case, someone else must be legally responsible for the accident. This usually means the other driver was negligent in some way, such as reckless driving (speeding, swerving, running stop signs or stop lights, etc.), distracted driving (texting), or driving under the influence of mind-altering substances such as alcohol or drugs.
If another driver’s actions caused the accident, they may be liable for your injuries. In some cases, multiple parties may share responsibility, such as both drivers being at fault to some degree. In the event that you share some fault for the accident, you still might be able to recover some damages.
In Texas, the law is based on the doctrine of modified comparative negligence. Modified comparative negligence means that if you are 50% or more responsible for the accident, you are barred from recovery. If you are below 50% responsible for the accident, your recovery is subtracted proportionally to your percentage of fault. For example, if your damages were $100,000 and you were found to be 50% responsible, you would not recover anything. However, if you were found to be 49% responsible, your recovery would be reduced by that percentage: $100,000 - $49,000 = $51,000.
2. Negligence
In order to prove negligence, there are four elements you must establish: duty, breach, causation, and damages. These are legal doctrines that must be satisfied in order to effectively pursue your claim. Duty simply means that every driver has an obligation to drive in a safe manner and follow the laws. Breach means that the driver breached that duty in some way. Causation means that the driver’s breach of their duty was the cause of the accident and your injuries. Damages means that you suffered some real, measurable harm as a result of the accident.
3. Damages
For a valid claim, you must have damages, which often include:
- Medical Expenses: Costs for both past and future medical expenses.
- Lost Income: Lost income as a result of being forced off work while you recover from your injuries and lost income as a result of not being able to work at the same capacity as you did before.
- Pain and Suffering: Compensation for the suffering you endured as a result of the accident and your injuries. Common pain and suffering damages include physical pain, emotional distress, and reduced quality of life.
- Property Damage: Costs to repair or replace your vehicle.
- Loss of Consortium: If your injuries affect your relationships in some way, you may be able to receive compensation for those negative impacts.
4. Insurance
Insurance plays a critical role in Wichita Falls and Dallas car accident claims. While the person who caused the accident’s insurance should cover your damages, sometimes they minimize the amount they are willing to pay, and sometimes, the driver either isn’t carrying enough insurance to cover your damages or doesn’t have any insurance at all. An experienced accident and injury lawyer can help navigate these difficulties.
Contact a Wichita Falls and Dallas Car Accident Lawyer
If you or anyone you know has been in a car accident in Wichita Falls or Dallas, contact our car accident lawyer either by calling one of the numbers listed below or filling out our contact form. For Wichita Falls car accidents, contact us at 940-569-4000. For Dallas car accidents, contact us 945-295-0014. We will give you a free evaluation of your case and offer you helpful information on how to proceed.