Brownsville Car Accident Lawyer
Most car accidents in Brownsville, like everywhere in the Rio Grande Valley, are caused by either distracted driving, driving under the influence of alcohol or drugs, or speeding.
The devastating effects of such accidents are not limited to the driver of the at-fault vehicle. Unfortunately, many innocent victims are affected every year in Brownsville from the negligent or reckless actions of other drivers.
Some suffer life-altering injuries or lose their lives. There were 35 fatalities in Cameron County in 2018, according to the Texas Department of Transportation. The total number of accidents in Brownsville alone amounts to around 10 per day.
Car accidents leave families in great distress. Compensation from the at-fault driver will never fully cover it but it can help people pay bills, repair vehicles, and plan for the future with greater optimism.
As experienced car accident lawyers based here in the Valley, DeHoyos Law can help you move on with your life if you or a family member have been the victim of a car accident in Brownsville.
What is the Texas statute of limitations with car accidents?
With most legal claims, there is a statute of limitations that governs the maximum time period for taking legal action.
In the case of car accidents in Texas (or any type of personal injury), this is two years.
However, this period may be shorter if you file against a government entity.
When filing a car accident claim, it is best to pursue action through your car accident lawyer as soon as you have all of the necessary evidence and documentation for your case.
This ensures that the details remain fresh in your mind and that you are sending the right message to the courts and the insurance company that your case requires urgent attention.
Steps to take if you are the victim of an automobile accident
Any car accident can be an upsetting, disorienting, and stressful experience.
However, there are some steps to take in the aftermath of your accident that will help you build a strong case against the at-fault party.
- Gathering the contact information/insurance/license information from other parties as soon as it is safe to do so
- Gathering the contact details of witnesses, if possible
- Noting the weather and road conditions and taking photos/videos that support your observations
- Preserving any other evidence that supports your observations
- Seeking medical attention – even if you think you are not injured or your injuries are only minor
- Following all medical advice – you may have internal injuries or injuries that are not immediately apparent
- Retaining copies of reports by the medical team and following up according to instructions
- Retaining all necessary medical receipts
- Retaining copies of police reports
- Recording the events of the accident in writing
- Keeping a journal of your post-accident experiences (if necessary)
Depending on your condition, you may not be able to take all or any of these steps. Family members or others may need to assist.
In any case, do not answer questions from a third-party insurance company or attempt to repair your car before talking to your car accident lawyer.
Your lawyer will handle all communications with the insurance company and gather all necessary evidence from the accident scene.
What damages can I recover after an auto accident in Texas?
To file a claim against an at-fault party in Texas, the other party must be at least 50 percent at fault in the accident (see the comparative negligence section below).
In these cases, you may be able to claim for the following:
- Medical costs –charges associated with hospitalization, ambulance fees, in-patient services, surgery, medication, etc.
- Lost earnings – associated with your ability to earn an income due to your injuries
- Pain and suffering – associated with an impaired your quality of life due to your injuries
In the case of a more serious accident, the following additional claims may be made:
- Death – if you lost a loved one in a car accident
- Permanent disability – if a life-altering injury, such as traumatic brain injury or paralysis, results from the accident
- Loss of affection or companionship – if the loss of ability to give and receive affection or companionship has resulted from your accident
- Punitive damages – if the actions of the at-fault party warrant it, damages beyond the losses that you have suffered can be awarded
What you can claim depends on the nature of your car accident. The process is unlikely to be straightforward as insurance companies are well-versed in negotiating with victims and will try to settle for the least possible amount.
Fortunately, we are also experienced in this process and will not settle for anything less than you are due.
What is the comparative negligence law in Texas?
As a “fault” state, if you are involved in a car accident in Texas, you have the right to file a claim for damages against the at-fault party or parties.
However, the comparative negligence law adds some complexity to this.
Even if you are found to be partly at fault of the accident yourself, you can still make a claim against the other party or parties (providing you were less than 50 percent at fault).
So, those involved in an accident can be held proportionally at fault.
Say your vehicle collides with another vehicle and causes damage. You are deemed to be 25 percent at-fault. In this case, you can still sue the driver of the other vehicle but your award will reflect the 75 percent proportion of fault (not 100 percent) for the other driver.
Anyone deemed to be 50 percent or more at fault for an accident is unable to file a claim for losses, according to Texas law.
Claim for a car accident injury in Brownsville
In most cases, taking legal action as soon as possible after your car accident will help your claim for damages.
Arrange a free consultation today and we can start to examine the facts of your case.
Remember, we only get paid if you do.