Car accidents are scary and happen often on the roads of Laredo. If you’ve been in a crash, dealing with the legal stuff afterwards can be really tough. This is where a Laredo car accident lawyer can help. In this blog post, we’ll see about the many benefits of getting a professional lawyer after a car accident and how it can help you get the money you deserve.
Importance of Hiring a Car Accident Lawyer
Car accidents can be overwhelming, resulting in physical injuries and emotional distress. In these tough times, having a car accident lawyer can make a big difference. These experts know personal injury law well and can handle your case.
By hiring a car accident lawyer, you get their experience in dealing with insurance companies and negotiating fair compensation for you. They understand the car accident laws in Laredo and can help you know your rights.
A good lawyer will guide you through the legal process, making sure your best interests are protected. Don’t underestimate the importance of seeking legal help after a car accident – it can help you get the compensation you deserve.
Does Texas Follow a No-Fault System for Car Accidents?
When it comes to car accidents, you might wonder if Texas is a no-fault state. This term means that in some states, each driver’s insurance covers their own damages and injuries, no matter who caused the accident.
But, Texas is not a no-fault state. Instead, it follows a fault-based system. This means the driver who caused the accident has to pay for all damages and injuries.
This has big implications for car accidents in Texas. If another driver’s negligence caused your injury, you must file a claim with their insurance company to get compensation. This process can be complex and difficult, especially when you’re dealing with injuries from the accident.
How Does the Modified Comparative Negligence Rule Work in Texas?
The modified comparative negligence rule adjusts any damages awarded in a personal injury case based on each party’s level of fault in the accident. This means if you were partly responsible for a car accident, your compensation would be reduced according to your share of the blame. For example, if you were found 20% at fault, your compensation would be reduced by 20%.
An important part of this rule is the 51% bar rule. If you are more than 50% responsible for the accident, you won’t receive any compensation for your injuries or damages.
How does this work in real life? Imagine you were in a car accident where another driver ran a red light and hit your car while you were making a left turn. If an investigation shows you didn’t signal properly before turning, both drivers could share some fault.
If it’s decided you were 30% at fault for not signaling and the other driver was 70% at fault for running the red light, your compensation would be reduced by 30%. So, if you were seeking $10,000 in damages from the other driver’s insurance, you would only get $7,000 because of your partial fault.
What Are the Leading Causes of Car Accidents in Laredo, Texas ?
When it comes to car accidents in Laredo, Texas, several factors can contribute to these unfortunate incidents. Knowing the top causes can help drivers be more cautious on the road. Here are some common reasons for car accidents in Laredo:
Distracted Driving
Distracted driving is a leading cause of car accidents in Laredo. Activities like texting, talking on the phone, eating, or adjusting the radio while driving take a driver’s attention away from the road, increasing the risk of an accident.
Speeding
Speeding is another major cause of car accidents in Laredo. Driving over the speed limit gives drivers less time to react to unexpected situations, making it more likely to lose control and crash.
Drunk Driving
Driving under the influence of alcohol or drugs is a serious offense. In Laredo, there were 80 fatal crashes involving alcohol-impaired drivers in 2019, according to the Texas Department of Transportation (TxDOT).
Reckless Driving
Reckless driving behaviors, such as tailgating, swerving between lanes, and ignoring traffic signals, can lead to severe car accidents. These actions show a lack of consideration for other drivers’ safety and often result in collisions.
Poor Road Conditions
Laredo experiences extreme weather conditions like heavy rain and strong winds, which can damage roads and make them hazardous. Potholes, debris, or uneven surfaces can lead to tire blowouts or loss of control while driving.
Driving Under Fatigue
Fatigued driving is a common cause of car accidents in Laredo, especially for long-distance truck drivers. When a driver is tired, their reaction time slows down, and they may even fall asleep at the wheel, resulting in devastating crashes.
What Are the Most Frequent Injuries Resulting from Car Accidents?
Car accidents happen often on roads and highways, and sadly, they can cause various injuries. These injuries can be minor or very serious. It’s important to know the most common types of injuries from car accidents so you can understand your rights and get the right compensation with the help of a Laredo car accident lawyer.
Whiplash is a common injury after an car accident. It happens when the head moves suddenly, straining the neck muscles and ligaments. This often occurs in rear-end collisions. Symptoms of whiplash, like neck pain, stiffness, headaches, dizziness, blurred vision, and trouble concentrating, might not show up right away but can appear within 24 hours.
Broken bones or fractures are also common in car accidents. The impact can break bones in the arms, legs, ribs, or spine. These injuries may need surgery or long periods of immobilization to heal properly.
Head trauma is prevalent in car accidents. This includes concussions, brain bruising, or traumatic brain injuries (TBI). Head trauma can lead to long-lasting problems like memory loss, cognitive issues, and physical disabilities.
Soft tissue injuries involve strains and sprains in muscles, tendons, or ligaments. These injuries are caused by sudden movements during a crash. They can be hard to diagnose because they might not show up on X-rays but need medical care for proper treatment.
Psychological trauma is another injury people may suffer after a car accident. The emotional and mental stress of a crash can lead to post-traumatic stress disorder (PTSD), anxiety, or depression. These injuries might not be obvious right away but can deeply affect a person’s life in the long term.
What Types of Compensation Can You Receive After a Car Accident Injury?
Medical Expenses Compensation
After a car accident, covering medical expenses is crucial. This includes costs for emergency room visits, hospital stays, surgeries, medications, physical therapy, and any ongoing medical care you might need.
Lost Wages Compensation
If your injuries keep you from working, you may be eligible for compensation for lost wages. This includes both your current lost earnings and any future income that might be affected by the accident.
Pain and Suffering Damages
Compensation for pain and suffering covers the physical discomfort and emotional distress resulting from the accident. The amount varies based on the severity of your injuries and how they impact your daily life.
Property Damage Compensation
If your vehicle or personal property is damaged in the accident, you may receive compensation to cover repair or replacement costs. This helps reduce the financial burden of property damage.
Punitive Damages
In cases of extreme negligence or intentional harm by the at-fault party, punitive damages may be awarded. These are meant to punish the responsible party and deter similar behavior in the future.
How to find Who Is at Fault ?
1. Gather Evidence
The first step in determining fault is to gather evidence from the accident scene. Take photos of the damage, injuries, and any relevant road signs or traffic signals. Get contact information from witnesses and exchange insurance details with the other drivers involved.
2. Check for Police Reports
If the police were called to the scene, they would have filed an official report. This report can help determine who is at fault. Obtain a copy of this report as soon as possible.
3. Determine Negligence
To establish fault, you must prove someone acted negligently or carelessly, leading to the crash. Examples of negligence include texting while driving, running a red light, or driving under the influence of drugs or alcohol.
4. Review Traffic Laws
In Laredo, drivers must follow all traffic laws, including speed limits and yield signs. If a driver violated a traffic law leading up to the accident, they might be found at fault.
5. Consider Contributing Factors
Don’t overlook potential contributing factors like weather conditions or road hazards. These factors should also be considered when determining fault.
What Is the Expected Duration of My Car Accident Claim ?
After a car accident, many victims wonder how long it will take to resolve their claim and receive compensation. Unfortunately, there is no set answer because each case is unique and depends on several factors.
One key factor is the severity of the victim’s injuries. If injuries are minor, like cuts and bruises, the claim process might be quick, possibly settling within a few weeks or months. However, if injuries are serious or require ongoing medical treatment, the settlement process may take longer to ensure all current and future medical expenses are properly evaluated.
Another factor is liability. If it is clear who caused the accident, negotiating a settlement with insurance companies can be straightforward and quicker. But if there is a dispute over who is at fault or if multiple parties are involved, it can complicate the process and extend the time needed to reach a resolution.
Additionally, whether you hire an experienced Laredo car accident lawyer or handle the case on your own can significantly impact the duration. An experienced lawyer can navigate the legal process more efficiently and negotiate more effectively with insurance companies, potentially speeding up the resolution of your claim.
What Is the Time Limit for Filing a Car Accident Claim in Texas ?
In Texas, there is a specific time limit for car accident victims to file a claim for their injuries and damages, called the statute of limitations. The time limit varies based on the type of claim. For car accident claims in Texas, there are two main deadlines: one for personal injury lawsuits and one for property damage claims.
For personal injury lawsuits, the statute of limitations in Texas is two years from the date of the accident. For example, if you were injured in a car accident on July 1st, 2021, you would have until July 1st, 2023 to file your lawsuit for compensation. If you don’t file within this period, you may lose your right to take legal action.
This two-year deadline applies to drivers, passengers, and pedestrians injured in the accident, and it doesn’t matter if you are filing a claim against another driver or an insurance company.
For property damage claims, the deadline in Texas is three years from the date of the accident. So, if your vehicle was damaged in a collision on July 1st, 2021, you would have until July 1st, 2024 to file a property damage claim with your insurance company or the at-fault driver’s insurance company.
However, waiting too long to file a property damage claim can make it harder to get fair compensation, as it may become more difficult to prove that the damages were caused by the accident.
Special circumstances, like if the at-fault party is a government agency or if the victim is a minor, can affect these deadlines. It’s best to consult with an experienced car accident lawyer in Laredo to understand the specific deadlines for your situation.
How Can a Laredo Car Accident Attorney assist those who Are Injured ?
Legal Representation: A car accident attorney in Laredo helps people injured in accidents. They specialize in personal injury laws and work to protect your rights and seek fair compensation for your injuries.
Assessment of Injuries: Attorneys evaluate the full extent of your injuries, both physical and emotional. This helps them seek compensation for medical bills, lost wages, and future damages.
Future Losses: They advocate for compensation for future losses from long-term injuries, including ongoing medical needs and impacts on your ability to earn.
Dealing with Insurance: Attorneys handle negotiations with insurance companies to avoid low settlement offers. They protect clients from tactics that minimize payouts and aim for fair compensation for all damages.
Legal Action: If negotiations fail, attorneys can take legal action against the at-fault party. They prepare strong cases for court to secure rightful compensation through litigation.
Also read: Dealing with a Hit and Run Car Accident: What to Know
Truck Accident Attorney Los Angeles: Your Legal Advocate in Times of Need
