Most people negatively affected by a car crash will need to file an insurance claim. Texas requires that every driver carry liability coverage on their vehicles, and many collisions only result in minor damage to property or moderate injuries.
However, occasionally car crashes have significant consequences. If you find yourself struggling to cope with the financial or medical results of a recent car crash, you may want to take legal action against the driver who caused the collision.
When does Texas allow you to sue someone because of a collision?
When the crash causes provable losses
One of the first and most important standards you need to meet to file a civil lawsuit after a car crash is to show that the wreck has some kind of economic consequences for you or your family members.
Although Texas law does allow people to claim non-economic losses as well, the strongest personal injury or wrongful death claims will have direct, verifiable financial losses involved.
When the other driver doesn’t carry enough insurance
Needing to fix your car or go to the hospital to have a bone set means you will have serious financial costs after a crash. Not only do you need to have suffered financial consequences, but they need to exceed what the other driver’s insurance will pay.
Drivers who only carry low levels of insurance as required by state law or who have allowed their policies to lapse due to non-payment open themselves up to financial claims from anyone affected by car crashes that they cause.
When the other driver was negligent or broke the law
Typically, the police officers responding to a crash will include information in their report about who actually caused the wreck.
To bring a claim under the personal injury or wrongful death statutes in Texas, you usually need to be able to show that either negligent behavior or some kind of misconduct, like law-breaking, contributed to the crash. Provided that you have evidence of intoxication, distraction or excessive speeding by the other driver, your situation may meet those standards.
Learning more about your rights after you get hurt in a Texas car crash can help you pursue justice and appropriate compensation for your losses.