After being in a car accident, you likely have a lot of questions about what to do next and what legal options you have. Here are some of the most frequently asked car accident questions. If you need further information or want to pursue a legal case, contact a car accident attorney at Johnson Garcia LLP.
What should I do after a car accident?
After a car accident, there are many steps you’ll want to take:
- The first thing you want to do is contact the police. This ensures that a police report is filed, which can be used as evidence during your case.
- The next step is to write down the facts of the accident. Draw a diagram of the wreck and the events leading up to the accident. It’s also important to get the contact information of all parties involved, as well as any witnesses.
- Even in the most minor of car accidents, it’s always best to see your doctor. Injuries can often take time to appear, or you may not feel aches and pains until the next day. Seeing a doctor immediately ensures that any medical issues are documented and treated.
Once all of these steps are completed, you’ll want to contact a lawyer who can look at your case and determine if you can file a claim for damages and/or injury.
What if I was partially at fault?
Even if you were partially responsible for causing the car crash, you may still be able to receive compensation. Be aware that any compensation you receive will be reduced, depending on the percentage that you were found to be at fault.
This is known as comparative negligence. If this rate is under 51%, you can receive compensation.
However, it’s impossible to determine fault without first knowing the facts and reviewing evidence from the car accident. A car accident attorney will work with you to understand the facts of the car crash to help determine who is responsible.
What if the driver didn’t have insurance?
Even if you’re involved in a car accident and the at-fault driver has too little or no insurance coverage, you may still be able to receive compensation. In the state of Texas, all drivers must carry no less than $30,000 of liability insurance in order to cover losses due to a car accident.
However, rarely is $30,000 enough to fully compensate a car accident victim. A trusted car accident or personal injury attorney can look at other options, such as:
- Investigating the at-fault party’s assets
- Uninsured/underinsured motorist coverage
- Letter of Protection
What is the Texas Statute of Limitations?
In the state of Texas, you have two years from the date of the accident to file a claim for damage, injury, and vehicle loss. If you have further questions about the Texas Statute of Limitations, we recommend contacting one of our car accident attorneys.
Should I give the insurance company a tape-recorded statement?
After a car accident, an insurance claims adjuster will likely request that you provide a recorded statement. It’s best to decline to give a recorded statement and to, instead, first talk with an attorney. It’s all too easy to say something that could be used against you to weaken your compensation claim.
What if the collision happened on the job?
If you were involved in a car accident that occurred on the job, you may be entitled to compensation from the at-fault driver’s insurance company as well as workers’ compensation. Though you can’t file two claims for the same damages, you can maximize your compensation for any damage and injury that you’ve suffered.
Work with a personal injury attorney to get the compensation you deserve after an on the job car accident.
Drunk Driving Accidents
Will exemplary damages be available in a DWI case?
Exemplary (punitive) damages may or may not be available in your DWI/DUI case. It’s best to work with a qualified DUI accident attorney who can look at the facts and determine whether or not exemplary damages can be filed.
What other information is important in a drunk driving accident case?
Blood alcohol content (BAC) is one of the most important pieces of information in a drunk driving accident case. Other crucial details include facts of the accident, details of damage and/or loss, a police report, and contact information for any witnesses.
Who is liable in a drunk driving accident?
If the driver who caused the accident is found to have a BAC that is higher than the legal limit, you can file a lawsuit against them. Texas also has a dram shop law in which you can file a lawsuit against an establishment for selling alcohol to an obviously intoxicated person.
Because it’s difficult to hold third parties accountable for a drunk driving accident, you want to have an experienced DUI accident attorney on your side who can fight to get the compensation you deserve.
What is considered drunk driving?
A driver with a blood alcohol content (BAC) of .08 or higher can is considered drunk. This means that the driver can be charged with driving under the influence. Drivers under the age of 21 can be charged and arrested with a BAC of .02 percent or higher, while commercial drivers face penalties if found with a BAC of .04 percent or above.
What damages can I recover if I file a claim?
If you’re the victim of a drunk driving accident, you can legally file a claim for any damages that you sustain as a result of the crash. Common compensation includes:
- Medical bills for treatment of injuries
- Lost wages
- Vehicle repair expenses
- Physical and/or emotional pain and suffering
You can also receive compensation from punitive damages. These are designed to punish the drunk driver and are paid to the victim on top of other forms of compensation that are available.
Do I need a lawyer for my drunk driving accident?
Filing a claim against an at-fault drunk driver is no easy feat. With the help of a DUI accident attorney, you have access to the legal expertise that’s needed in order to win your case and to get you the compensation you deserve.
A DUI or personal injury attorney can help with:
- Pursuing damages
- Collecting police records
- Gathering evidence
- Negotiating with the insurance company
- Pursuing punitive damages
Our team at Johnson Garcia LLP is here to help you win your case. No matter if you’ve been involved in a partially at-fault accident or were the victim of a drunk driving crash, you can count on us to fight for justice and compensation.
Schedule a free consultation by calling our team at (832) 844-6700.