According to the Insurance Institute for Highway Safety (IIHS), side-impact crashes are among the leading causes of car accident fatalities nationally. A vehicle’s sides offer less protection against strong impacts when compared to its front and rear. Especially at the point of impact in a side-impact collision, injuries and property damage often turn out more severe than other accidents.
Whether you suffered injuries in an angle crash or sideswipe, you have the legal right to seek compensation from the liable driver. You can consult a San Antonio side-impact collisions lawyer from Ben Crump Law, PLLC, to explore the best legal recourse for your situation. Get in touch with our team today at (844)-638-1822 to learn how to move forward with a claim.
Texas Follows Traditional Fault System
Texas is an at-fault insurance state. Under this traditional system, those responsible for the accident would pay for all related damages, including medical treatment costs, lost wages, vehicle repairs or replacement, and other out-of-pocket expenses. The at-fault driver’s insurance policy typically covers these losses, with any excess amount recoverable through a lawsuit.
With fault-based systems, insurance companies must determine which party caused the accident. The at-fault party must compensate the victim, with the insurance company often settling, up to the policy’s limits. However, insurers tend to avoid payouts whenever possible and do not always take responsibility, even when their client caused the accident. If this happens, you might have to take matters to court.
Whether you file a claim or go to court, you might find it helpful to have a San Antonio side-impact collisions lawyer by your side. Many accident victims do not know their responsibilities and rights, which can have costly repercussions. For instance, some insurance providers will try to have you sign a document, admitting to liability for the accident. To avoid signing away your rights, you might want to review all paperwork from the insurance company with a car accident lawyer.
For a free legal consultation with a side-impact collisions lawyer serving San Antonio, call 800-959-1444
Establishing Liability in Side-Impact Collisions
Because of the state’s fault-based system, insurers must determine responsibility for the accident. In personal injury cases like side-impact car crashes, proving legal liability is crucial, and determining liability often falls on the victim.
Negligence is the legal basis for establishing liability in most auto accidents involving multiple vehicles, such as sideswipes and angled crashes. A negligent driver will act in a manner that a reasonably prudent person will not. Switching lanes without signaling, tailgating, or speeding to beat a red light are all thoughtless or careless behaviors that can harm other motorists. All drivers owe a duty of care to fellow road users, and breaching that duty makes them liable for injuries caused by their actions.
To support your claim that the other party was at fault, making them liable for the collision, you must show substantial evidence. Police reports document what may have happened during the accident, making them often essential evidence in proving fault. This report could prove especially helpful when an officer cites the at-fault driver for a traffic violation (e.g., failing to yield the right-of-way) that led to the collision.
Aside from police reports, you could also use the statements of nearby witnesses who had a clear view of when the crash occurred or an opinion on which party caused the accident. An accident reconstruction expert could also provide a more accurate description of how the crash happened.
Establishing liability is fact-specific and requires expertise—a single misstep can have significant ramifications. You can work with a San Antonio side-impact collisions lawyer from Ben Crump Law, PLLC. They can investigate your crash and compile evidence that proves the other driver’s responsibility for your injuries. Call us today to get started with a free case review with a team member.
San Antonio Side-Impact Collisions Lawyer Near Me 800-959-1444
Your Degree of Fault May Impact Awarded Damages
When discussing liability, insurers will often raise the issue of comparative fault. By showing your negligence contributed to the crash, they could reduce the amount of your compensation.
Texas is a modified comparative negligence state. Texas Civil Practice and Remedies Code §33.003 outlines how your degree of fault in the accident proportionately reduces any financial award you receive. If you are 30 percent responsible for the collision, you can only recover 70 percent of your award.
Because the state follows the modified rule, victims can only receive compensation if their share of fault is less than 50 percent. Otherwise, you have no valid claim. A personal injury lawyer can fight to minimize the amount of responsibility a court assigns you.
Understanding Time Limits
Regardless of your preferred option for financial recovery, you might find it in your best interest to work with a San Antonio side-impact collisions lawyer. They know the applicable time limits for filing an injury claim or lawsuit. Many accident victims find themselves unable to seek compensation because they missed the deadline.
When pursuing an insurance claim, you might only have weeks to file and submit the necessary documents. The paying insurance company will ask you to sign a release, waiving your rights to file additional claims for the same accident. A car accident lawyer can review the release and any settlement offer you receive to ensure it fully covers your losses, both current and future.
Should you choose to pursue litigation, you have a longer time frame. Texas Civil Practice and Remedies Code §16.003 sets the statute of limitations for personal injury cases at two years from the accident date. Once the deadline passes, you might lose your right to recover damages unless exceptional circumstances apply.
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Turn to Us for Legal Support
Sideswipe and angled crash accidents can turn into a harrowing experience to you—more so if you suffered severe injuries and property damage. You should not burden yourself with the stress of pursuing an insurance claim or personal injury suit. Instead, you could let a San Antonio side-impact collisions lawyer from Ben Crump Law, PLLC, fight on your behalf. They can build a strong case and fight for the justice and compensation you deserve from those liable for your injuries and losses.
To get started, call (844)-638-1822 today for a free case review with a team member.