Kerrville Car Accident Lawyer Representing Car Accident Victims in Texas and Surrounding Areas
The Texas Department of Motor Vehicles reports that there are currently more than 22 million vehicles registered in Texas. Unfortunately, with so many cars on the road, accidents are inevitable, and Texas is notorious for being one of the most dangerous states in terms of vehicular accidents and fatalities, with more than 11 people dying each day in traffic-related accidents in 2021 alone. Our firm helps injured car accident victims fight for their rights to receive compensation – here are the key aspects you need to know about filing a car accident claim in Texas.
What Should I Do Immediately After a Car Accident?
If you were involved in a car accident, your priority is to make sure all parties involved are not severely injured and seek emergency medical help if necessary. Call 911 right away if you or anybody else is seriously injured or unconscious. Report the accident to law enforcement as soon as possible, and only remain in or near the vehicle if it is safe to do so and if no fuel is leaking.
If possible and safe to do so, you may want to collect evidence from the scene of the accident, as this can be instrumental in building a car accident claim later on. Take pictures and videos that show both vehicles, the damage each vehicle sustained, any marks or debris on the roadway, and any other relevant information, such as weather conditions or hazards on the road. If a police officer is dispatched to the scene of the accident, it is likely that they will fill out a police report, and you may want to obtain a copy of that report.
Don’t forget to write down the contact information of any witnesses as well as the other driver’s insurance information. It may also be a good idea to take notes about what happened and include as much detail as possible while it is still fresh in your mind. A car accident is a highly stressful and traumatic situation, and because of that, you may end up forgetting important details later on. By taking notes, you are collecting more evidence to strengthen your case. Finally, contact a Kerrville car accident attorney as soon as possible.
How Can I Get Compensation for a Car Accident That Wasn’t My Fault?
If you sustained damages after being struck by another driver, it is essential to work with a car accident attorney as early in the process as possible. Filing a car accident insurance claim should be a relatively easy process, but unfortunately, it does not always work out that way. An attorney can help ensure you are treated fairly and can handle negotiations on your behalf so you can have better chances of receiving maximum compensation.
Most car accident cases start as insurance claims. You may file a claim with the at-fault driver’s insurance. Their insurance carrier will likely investigate what happened and, based on their findings, may accept your claim and make you an offer. They may also deny the claim, which happens frequently.
Alternatively, if your own auto insurance policy allows for it, you may file a claim with your insurer. This may require you to provide a copay payment but usually results in less waiting for a check to arrive. If your insurance company agrees to pay for your claim, they may go after the at-fault driver’s insurance for reimbursement, so it is crucial to have the other driver’s insurance information available.
Some cases may end up in the courtroom. If you are dealing with a driver who was underinsured or, worse – uninsured –, your only choice may be to initiate a civil lawsuit for personal injury to recover compensation. In addition, taking civil action may also be needed if the insurance company is refusing to pay your claim or acting in bad faith. However, many insurance companies would rather cut their losses and settle outside of the courtroom – and simply getting an attorney involved in your case may prompt them to cooperate and settle your claim in your favor. Your attorney can advise you on the best course of action for your case.
What Happens if a Loved One Was Killed by a Negligent Driver?
There are many instances in which an irresponsible driver ends up severely injuring or killing another driver, a passenger, or a pedestrian. If you have lost a loved one after a car accident caused by someone else, you may want to consult a Kerrville car accident attorney right away because you may have a wrongful death claim in your hands. You may be entitled to receiving damages compensation on your loved one’s behalf.
A wrongful death claim works similarly to a personal injury claim in which someone was hurt and sustained damages due to another party acting with negligence and breaching their duty of care. However, in a wrongful death case, the injuries were so severe that the plaintiff did not survive. The family then can come forward and seek damages compensation on behalf of the decedent. Losing a loved one unexpectedly is heartbreaking and incredibly difficult, and you should get professional help to hold the at-fault party responsible for what happened.
How Is Fault Determined in a Car Accident in Texas?
The reason why collecting evidence from the scene of the accident is so important is that when it is time to reconstruct the accident and establish who was primarily responsible for it, those pieces of evidence can make or break a case. For example, information retrieved from the police report and red light cameras could show that the other driver was distracted, crossed a red light, and did not attempt to apply their brakes before colliding with your vehicle.
The same evidence may be used by insurance adjusters to determine who was mostly at fault and whether the victim may have partially contributed to the accident. In Texas, you may still receive compensation even if you were partly responsible for your accident, as long as your percentage of fault is not higher than 50%. If you are less than 50% at fault, the amount of compensation you will receive is reduced in proportion to your percentage of responsibility, so you may end up receiving your award after a 20% or 35% discount, for example. If you are deemed to be 51% at fault or more, Texas laws may stop you from receiving any compensation. Insurance companies know this and will try to do everything they can to reduce the amount of money you may be eligible to receive or even employ shady tactics to get you to say something that could be used as an admission of fault.
The safest thing to do is to collect as much evidence from the scene of the accident as you can and contact a Kerrville car accident attorney as soon as possible. Your attorney can conduct their own investigation of the scene of the accident and help you build a strong case while avoiding the usual tactics insurance companies may try to use.
How Can a Kerrville Car Accident Attorney Help Me Fight for Compensation?
Dealing with red tape, endless forms, and constant phone calls from the insurance company often prove to be more than any car accident victim wants to handle while they are at the hospital or at home recovering from their injuries. That is why relying on the help of a seasoned Kerrville car accident lawyer can be extremely important.
Your attorney can handle every aspect of your case for you – from insurance adjuster phone calls to paperwork and evidence gathering – so all you need to do is to focus on healing. You can also have more peace of mind knowing your case is in the hands of a professional who is knowledgeable of all state laws that may apply to your case and is ready to protect your rights to receive compensation after being hurt by a negligent driver. You should not be stuck paying for medical bills and vehicle repair bills that resulted from an accident you did not cause.
At the Law Offices of S. Dylan Pearcy, Attorney S. Dylan Pearcy and his legal team are ready to help you fight for compensation. You may be entitled to receive payment for your financial losses, such as medical bills and lost wages, as well as for your pain and suffering resulting from the accident and injury. The legal team at the Law Offices of S. Dylan Pearcy is dedicated to treating every client with compassion and respect while providing knowledgeable, aggressive representation to defend the best interests of our clients.
If you or a loved one have been hurt by a negligent driver, contact the Law Offices of S. Dylan Pearcy by calling (830) 222-8629 and requesting an initial consultation at our Kerrville office. We look forward to learning more about your case and explaining the ways we may be able to help you.