Car Accident Laws
Texas is a fault car insurance state, which means that an at-fault driver can be held liable for any damages and injuries they cause in a car accident. Most people purchase liability insurance with at least the required minimum limits. Insurance companies must also offer optional uninsured or underinsured motorist coverage, but drivers may decline to purchase it as a part of their insurance policy.
Minimum insurance requirements are:
- $30,000 for each injured person;
- $60,000 total for injuries per incident; and
- $25,000 for property damage.
However, the injured person can sue the at-fault driver for expenses beyond these minimums covered by insurance. If someone’s negligence caused your accident and your resulting injuries, you might recover compensation under car accident law. The definition of negligence is “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.”
Meeting the legal definition of negligence requires proving four elements about the defendant’s conduct:
- The defendant owed the plaintiff a duty of care;
- The defendant breached that duty of care;
- The breach caused the plaintiff’s injuries;
- The plaintiff suffered injuries that a court can compensate for, known as “damages.”
To file a lawsuit, you have to file in the Texas civil court for the jurisdiction where the crash happened or where the defendant resides.
Possible Compensation in McAllen Car Accident Cases
If you have been injured in a car accident, you may have suffered enormous personal and financial losses.
Depending on the circumstances of your accident, you may seek compensation for:
- Medical expenses. Present and future medical expenses may include emergency care, hospitalization, tests, treatment, and any therapy or medications needed during the recovery period.
- Lost wages. You may receive compensation for any missed time at work while you recovered from your injuries.
- Pain and suffering. Many people suffer from emotional trauma after a serious car accident. You may receive compensation for anxiety, depression, or other similar injuries.
- Wrongful Death. If a loved one is killed because of a car accident, family members can receive compensation for funeral costs, loss of companionship, loss of income, etc.