Are You Protecting Your Rights After a Minor Car Accident?

Car accidents are incredibly common, as driving can be quite dangerous, especially in some of the larger cities in Texas. Even a minor car accident can come with severe repercussions, such as substantial damage to your vehicle or physical injuries.

At DeHoyos Accident Attorneys, our Houston car accident lawyers have helped our clients navigate hundreds of car accident claims. We can help you protect your rights after a minor car accident and file a claim that will get you the compensation you are entitled to.

Keep reading to find out what your rights are after a car accident and the steps you need to take to build your case.

Factors That Can Impact a Minor Car Accident Lawsuit

If you want to get a minor car accident settlement, there are several factors you need to keep in mind that could impact your claim. Even though it is your right to pursue compensation to help cover your damages, there is a process you have to follow and you need to be aware of certain things that could impact how much you are entitled to.

At-Fault

One way to pursue a minor injury car accident compensation claim is to prove that the other driver was at fault. Texas is an at-fault state, so the driver found to be at fault will be responsible for paying the car accident injury claim. You can either choose to file your claim directly against the driver or against the at-fault driver‘s insurance company.

However, something to keep in mind is that Texas also has modified comparative fault, so more than one person can be at fault in a minor car accident. This rule means that the driver with the least amount of fault can get the most compensation for their claim, but you won’t be able to recover the full amount.

To prove that the other driver was more at fault, you need to hire a minor car accident attorney to represent your case and help you provide evidence in your favor.

Negligence 

Most car accident claims in Texas are negligence-based, which means that you will have to prove that the other driver was negligent when you submit your claim. This includes proving that the other driver owed you a duty of care, and they breached this duty by driving negligently and causing the accident and your damages.

Negligence-based claims are slightly different from fault-based claims since they are much more broad. The other driver does not have to directly cause the accident; they simply have to do something that contributed to the accident. For instance, they may have failed to yield, were driving while texting, or made an unsafe lane change.

Statute of Limitations

To get compensation for minor car accident injuries, you have to follow the statute of limitation in Texas, which is filing your claim or a lawsuit within two years from the date of the injury. If you fail to do this on time, your claim will most likely be rejected. However, there are a few rare exceptions that can help you get around this timeframe, such as:

• If you are under 18 years old
• If the injury leads to death
• If the injury was not immediately apparent

What Does Car Insurance Cover After an Accident?

In Texas, every driver is legally required to carry the following liability insurance:

• $30,000 in bodily injury liability for injury or the death of a single person in an accident.
• $60,000 in bodily injury liability for injuries or the death of multiple people in an accident.
• $25,000 for property damage from an accident.

These are the bare minimum policy amounts drivers have to carry, but some drivers may have additional coverage added. Whether or not this is enough to cover your damages if the other driver is at fault depends on the extent of your injuries and property damage. The average settlement for minor car accidents in Texas is around $22,000. However, this is very dependent on the situation and can also fluctuate yearly.

The type of damages you could receive compensation for include economic and non-economic damages, such as:

• Vehicle repairs
• Medical bills
• Loss of income
• Reduced earning capacity
• Pain and suffering
• Mental anguish
• Disfigurement or physical impairment
• Loss of enjoyment of life

Steps to Take After a Minor Car Accident

Some of the most important factors that will support your minor car accident lawsuit are the steps you take directly after the accident has occurred. Here are some of the first things you need to do to build a strong claim:

• Call 911: You need to report the car accident after it has occurred, even if it is only minor. This ensures that there will be a police report, and you can also get medical care to document any injuries.
• Exchange information: Drivers have to exchange information with one another after an accident, as this allows you to file a claim with their insurance company.
• Find witnesses: Witness statements are crucial when proving negligence or fault, so you will want to get the contact information of any bystanders who may have seen what happened.
• Document evidence: If you aren’t seriously injured, you should try to take photographs of property damage, minor injuries, and other areas around the scene of the accident to help your claim later on.
• Hire A minor car accident lawyer: The following step you should take is to hire an attorney who can represent you and help you file a strong claim. They will be responsible for gathering evidence and negotiating with the other involved parties on your behalf.

Hire an Experienced Car Accident Attorney at DeHoyos Car Accident Attorneys

At DeHoyos Accident Attorneys, our Houston car accident lawyers have handled hundreds of Texas car accident cases. We help our clients collect evidence, file car accident claims, and negotiate on a fair settlement to cover damages.

Are you ready to pursue a minor car accident claim to get the compensation you deserve? Call our Houston office today at 832-745-4878 to speak with one of our attorneys.