Texas car accident laws are complex, especially when the case is going to trial. If you were involved in a car accident in Texas and the other party claims that you are at fault, you may be confused about your next step. If you have insurance, you might be able to get some form of protection. However, they can still sue you for the damages resulting from the car accident.
The liability insurance you have will cover the damages of the victim up to a certain limit. However, it will not necessarily shield you from legal action. Additionally, in some cases, the other party may file for damages beyond what your insurance policy covers. Therefore, they could potentially file a lawsuit against you.
Handling the aftermath of a car accident is not easy, especially when you are alone and unaware of the legalities. It is important to consult with a Katy auto accident lawyer and understand your rights under Texas law. Meanwhile, read this blog to understand the laws and how an attorney can help you throughout the process.
What does Texas law say about liability in a car accident?
Liability refers to the consequence that te at-fault party faces in a car accident for causing the accident and losses for the victim. In Texas, the burden of establishing liability falls on the plaintiff who has to prove that the defendant acted negligently. This typically contains four elements, including:
- the defendant owed a duty of care,
- they breached that duty,
- the accident occured due to the breach of duty,
- the plaintiff suffered losses due to the accident.
Texas is an at-fault state, meaning that the at-fault party is supposed to reimburse the victim for their damages. The fault of either party is established through investigation of the accident by insurance companies as well as the law enforcement. Factors like police reports, witness statements and accident reconstruction play a major role in proving liability.
Can you be sued even if you have insurance?
If it is established by the other party that you were indeed at fault for the accident, they may file an insurance claim. Following this, your auto insurance funds will be used to reimburse them for their damages. However, if the damages cost more than the coverage your insurance policy offers, you may face increased premiums and even legal action.
In severe accident cases, where the victim has suffered substantial damages, they may file a legal case to recover their damages. This mostly happens in cases with a high medical bill, especially traumatic brain injuries or wrongful death. In some other cases, the victim might still want to file a case to protect their rights even if your insurance is covering their damages.
For example, imagine someone is hurt in a car accident. Their medical expenses, lost wages and property damages cost a total of $200,000 but your insurance policy only covers half of that amount. The party might file a court case to recover the remaining $100,000 from you. You might even have to pay them out of pocket.
What happens if you get sued?
If you are sued following a car accident, the first step you should take is inform your auto insurance company. Tell them that you have been served with a lawsuit and provide them with a copy of the legal documents.
Remember that you have to respond timely. In Texas, you are required to send a response before 10 a.m. on the first Monday 20 days after the date you were served with the lawsuit. It is important to be in contact with an attorney to ensure you do not miss any deadlines.
Protect yourself after a car accident!
If you were involved in a Texas car accident, you must be devastated. Contact an attorney today to protect your rights!
