If you get into a car accident that was not your fault, you are well within your legal rights to seek legal action and file a lawsuit against the at-fault party. Even if you were not injured and your vehicle is the only thing that is damaged, you are still able to file a lawsuit. However, you may need to provide evidence to prove you are not at fault. Seeking an experienced and reliable accident attorney like those at Salazar & Valazquez will help you navigate the complexity of lawsuits and achieve successful results.
If You Sustain Injuries From the Accident
Accidents can happen to anyone, and it’s important to know what to do after a car accident that is not your fault. According to the Centers for Disease Control and Prevention, more than two million people each year visit the emergency room as a result of car accident injuries. Following the accident, it’s important to get medical assistance and contact your insurance company. Gather any information necessary from the other driver including their name, address, phone number, driver’s license, and license plate number. It is also important to take photos of the damages to the vehicle and person. Give any and all information to the police so they can add this to their report, which will be important later on. You should also contact an accident lawyer like Salazar & Velazquez to begin pursuing legal action.
If You Have Full Tort Insurance
Drivers that are insured with full tort coverage are able to sue for all damages resulting from a car crash. Texas follows a “tort-based” system which means that in order to receive compensation for damages, you must hold someone else accountable for the accident, also known as “establishing negligence.” The four elements of negligence to consider are duty of care, breach of duty, causation, and injuries. Duty of care essentially means that the negligent party owes you a duty of care, and as a driver, we all owe each other a duty of care to stay safe on the road. Breach of duty refers to how the negligent party breached the duty of care (drinking and driving, texting while driving, etc.). Causation is establishing that the breach of duty was the cause of the accident. The fourth element — injuries — you need to prove the injuries you sustained were during or due to the crash.
If You Have Limited Tort Insurance
Unlike having full tort insurance where insurance may pay up to all damages caused in the crash, having limited tort insurance means your insurance will only pay for part of the damages. Limited tort also prevents victims from suing the at-fault driver for their pain and suffering. Unfortunately, that means if you are injured in an accident and have limited tort insurance, you can not sue for any injuries caused by the accident. They also cannot sue the driver for anything else beyond what their insurance coverage is able to pay.
We’re Here to Help
At Salazar & Velazquez, we are committed to maximizing compensation for our clients by creating a personalized treatment plan for the case and helping our customers understand their rights. We will fight for full and fair compensation, and if we don’t win, you don’t pay us for our services.
If you have been in a car accident that wasn’t your fault and have sustained injuries or damages to your car, we want to help you. If you don’t know if you could be compensated, reach out to us today for a free consultation to evaluate your case to see if you are owed compensation.