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Texas Car Accident Statistics and Your Legal Rights After a Crash
The State of Texas experienced an increase in motor vehicle traffic fatalities that should concern every driver on our roads. The 2021 death toll of 4,489 was an increase of 15.22% from the 3,896 deaths recorded in 2020. Texas had 15,764 serious injury crashes in 2021, with 19,448 people sustaining serious injuries. These numbers represent real people – parents, children, spouses, and friends whose lives were forever changed or ended because of car accidents on Texas roads.
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While these car accident statistics are shocking, the costs and losses associated with these accidents and their impact on those involved are even more staggering once the total impact and losses are calculated. Medical bills reach into the hundreds of thousands of dollars for serious injuries. Lost wages accumulate when accident victims cannot work during recovery. Pain and suffering affects every aspect of daily life. Families are torn apart by wrongful death. The true cost of car accidents in Texas goes far beyond what any statistic can capture.
If you have been involved in or injured in a car accident, understanding your legal rights is essential to protecting yourself and your family. Texas law provides remedies for car accident victims, but navigating the legal system requires knowledge and experience that most people don’t have. A car accident lawyer can guide you through the process and fight for the compensation you deserve.
Common Causes of Car Accidents in Texas
Car accidents happen for many reasons, not just irresponsible drivers. Understanding the various causes of car accidents helps victims and their attorneys identify who should be held responsible for the crash and resulting injuries.
Bad weather is a major cause of car accidents in Texas. Rain, ice, fog, and high winds create hazardous driving conditions that contribute to thousands of crashes each year. However, bad weather does not excuse negligent driving. Drivers have a responsibility to adjust their speed and following distance for conditions. When drivers fail to do so and cause accidents, they can still be held liable for the resulting damages.
Dangerous roads or road conditions and poor roadway planning and signaling design are often found to be the cause of car accidents. Potholes, missing guardrails, confusing intersections, and inadequate signage contribute to crashes. In these cases, government entities responsible for road maintenance and design may bear liability for accidents their negligence caused.
Poor vehicle maintenance and malfunction are also major contributing factors to car accidents. Worn brakes, bald tires, faulty steering systems, and defective components cause drivers to lose control of their vehicles. Vehicle owners have a responsibility to maintain their cars properly. Manufacturers can be held liable when defective parts cause accidents.
And, of course, driver behavior causes the majority of car accidents in Texas. Driver distractions such as using cell phones and texting while driving, loud music, other passengers in the vehicle, and being too tired to drive safely are all common causes of car accidents. Drunk driving, speeding, aggressive driving, and failure to obey traffic signals round out the list of dangerous driver behaviors that kill and injure Texans every day.
Understanding Driver Negligence in Texas
The driver’s responsibility in the State of Texas is to safely operate their vehicle. Driving within the speed limit, paying close attention to other drivers, taking into account road conditions while driving, not driving aggressively, and obeying all traffic signals and signs are the responsibility of every driver. These duties exist because operating a motor vehicle is inherently dangerous, and society expects drivers to take that responsibility seriously.
Any driver who operates their vehicle in an unsafe or careless way is breaching their legal responsibility as the driver of a motor vehicle. And breaching this responsibility is called negligence. Negligence is the legal concept at the heart of most car accident cases. To recover compensation after a car accident, you generally must prove that another party was negligent and that their negligence caused your injuries.
Suppose an accident is caused by a person who is found to be legally negligent because they did not operate their vehicle reasonably safely and, as a result, is found to be responsible for an accident. In that case, that person can be held responsible for the costs of all injuries, damages, and losses that occurred because of the accident. This includes medical expenses, lost wages, property damage, pain and suffering, and other losses the accident victim suffered.
Texas follows a modified comparative negligence rule, which means that accident victims can recover compensation even if they were partially at fault for the crash. However, if you are found to be more than 50% responsible for the accident, you cannot recover any damages. If you are 50% or less at fault, your recovery is reduced by your percentage of fault. A car accident lawyer can help you understand how comparative negligence might affect your case.
What To Do After a Car Accident in Texas
If you have been involved in or injured in a car accident, collecting as much information as possible from the other driver(s) is important. Especially if you believe the other driver was the cause of the car accident. This information becomes critical evidence when your attorney builds your case.
Get the other driver’s name, contact information, insurance company, and policy number. Take photographs of the accident scene, vehicle damage, skid marks, traffic signals, and any visible injuries. Get contact information from witnesses who saw what happened. Request a copy of the police report once it becomes available. Seek medical attention immediately, even if you feel okay, because some injuries don’t manifest symptoms right away.
Regardless of why an accident happened, anyone involved in a car accident should seek the advice of an experienced car accident lawyer before speaking to the other parties involved, their representatives, or their insurance company. Insurance adjusters are trained to minimize claim values. Anything you say can be used against you later. Having legal representation protects you from making statements that could hurt your case.
Building Your Car Accident Claim
You and your attorney must establish negligence on the other driver’s part before they can be held responsible for the accident. This requires gathering evidence that shows what the other driver did wrong and how that conduct caused the crash. Police reports, witness statements, photographs, video footage, and accident reconstruction experts all play roles in proving negligence.
To claim damages, lost wages, medical bills, and any other associated costs or losses, your attorney will need to formulate a claim based on medical records, pay records and work attendance records, vehicle repair or replacement costs, and other information. Documenting your damages thoroughly ensures that nothing is overlooked when calculating what you’re owed.
Often car accident victims do not fully realize how the accident affects their lives. Injuries that seem minor at first can develop into chronic conditions. Time missed from work can affect career advancement. Pain and limitations can strain relationships and prevent enjoyment of activities you once loved. A car accident lawyer helps you consider all possible effects that your accident will have on you and your family, initially and for months or possibly years into the future.
Contact a Car Accident Lawyer Today
The goal of a car accident claim is to ensure that you are made whole again and properly compensated for all damages and injuries resulting from your car accident. This means recovering compensation for past and future medical expenses, lost wages and lost earning capacity, pain and suffering, property damage, and any other losses the accident caused.
Car accident lawyers are experts in negotiating fair settlements with insurance companies and winning lawsuits for clients when necessary. They have thorough knowledge of personal injury laws and how they apply to car accidents. An experienced legal team can help you through the process of being fairly and adequately compensated for all of your losses, damages, and injuries.
If you have been injured in a car accident in Texas, contact a car accident lawyer for a free case evaluation. The consultation costs nothing, and most car accident attorneys work on contingency, meaning you pay no fees unless they recover compensation for you. Don’t let the insurance company take advantage of you after a car accident. Get the legal help you need to protect your rights and your future.