How Does Insurance Determine Who's At Fault In A Car Accident?

Nobody wants to be involved in a car accident, but the reality is that these incidents happen all the time. In Texas, there were more than 540,000 total car accidents during the latest reporting year, according to the state Department of Transportation. These crashes led to more than 250,000 injuries and 3,639 total fatalities. In the aftermath of a car accident, victims will turn to their insurance carriers to recover compensation for injuries and property damage. However, many people wonder how an insurance carrier determines who was at fault for the car accident.

What information do insurance carriers use?

In the aftermath of a car accident in Texas, everyone involved will make claims to their insurance carrier. They will relate what happened in the incident, and their insurance carrier will begin the investigation. After a car accident, it is important to determine who is at fault because the at-fault driver’s insurance carrier will be on the line for property damage and injury expenses.You can be sure every insurance carrier involved will do what they can to limit the amount they pay in a settlement. They will conduct a thorough investigation of all of the evidence in order to determine liability. Insurance carriers will:

• gather all evidence from the scene of the crash, including police reports, video and photo surveillance, eyewitness statements, anymore.
• speak to every party involved in the incident to get their version of events.
• closely scrutinize every medical record related to the incident.
• thoroughly review any estimates of property damage.

Texas comparative negligence laws

In many cases, more than one driver is at fault for a car accident. This does not mean that nobody will receive compensation. Texas operates under what is called a modified comparative negligence system. This means that any party who is less than 51% at fault in a crash is entitled to recover compensation for damages. However, the amount of compensation a person receives will be reduced based on their percentage of fault for the accident.For example, if an insurance carrier awards $10,000 in damages to a car accident victim but has determined that the person was 10% responsible for the crash, the victim will only receive $9,000 in total compensation.Comparative negligence laws often pit insurance carriers against one another and an attempt to place the blame away from their respective policyholders. A skilled Texas car accident attorney is often required to navigate these insurance claims.

What type of compensation is available?

There are various types of compensation available to victims of car accidents. While no two accidents are the same, it is not uncommon for the following types of compensation to be awarded after a crash:

• coverage of all medical bills related to the incident
• compensation for lost wages and benefits if a person cannot work while they recover
• compensation for pain and suffering damages that resulted from the injuries

In cases where the at-fault driver was grossly negligent or intentionally caused a motor vehicle accident, punitive damages may be awarded in order to punish the person responsible and to prevent them from operating in such a manner in the future.The total amount of compensation awarded in a car accident case will vary depending on several factors related to the accident, such as the severity of the injuries, the total amount of property damage, how much pain and suffering a victim endures, and more.

Do You Have To Report A Car Accident In Texas?

Getting into a car accident can be a scary experience, and the aftermath can be incredibly confusing. Whether you are dealing with serious injuries after a crash or only sustained minor property damage, it is important to understand what Texas laws say about reporting car accidents. A car accident report is often a valuable part of the process when it comes to securing compensation for injury and damage expenses.

How common are car accidents?

There is no denying that car accidents in Texas are a common occurrence. According to the Texas Department of Transportation, there were 543,537 total crashes during the latest reporting year of data available. Out of these incidents, there were 3,639 total fatalities and approximately 250,000 injuries reported. While most car accidents led to only minor injuries or property damage, nearly every accident in Texas requires reporting.

Texas reporting laws

Texas law is clear about when a car accident report is required. Texas Transportation Code §550.062 requires any law enforcement officer to complete the Peace Officer’s Crash Report (CR-3) if a motor vehicle crash results in injury or death of a person or damage to any property worth more than $1,000.If a police officer fills out a crash report, anyone involved in the incident does not have to fill out a crash report of their own. The officer is required to submit the report to the DOT. While it may be tempting to not report an incident to police if it seems like there is only minor property damage, it is a good idea to call the police to the scene to document the incident and determine who was at fault. Even minor property damage could easily result in damages exceeding $1,000.Failing to report an accident In Texas that resulted in an injury or property damage of more than $1,000 is punishable with jail time, a fine of up to $5,000, or both.

What if the accident was minor?

Again, you should seriously consider calling law enforcement to the scene of any accident and let them determine the severity. However, many people involved in minor incidents do not call the police, only later to realize that the damage was more than $1,000 or that medical treatment was needed for an injury.In these cases, an alternative crash report should be filled out. This is known as a CR-2 Crash Report (Blue Form) and should be kept for your records. Previously, this form had to be filed directly with the Texas Department of Transportation, but a 2017 law changed that requirement. However, a CR-2 should still be filled out within 10 days of the accident to increase the likelihood that everything in the report is accurate. This incident can still help when filing a claim with your insurance carrier for any injuries or property damage.

Comparative fault in Texas

Many drivers involved in an accident do not fill out reports or call the police because they think they were at least partially at fault for the incident and cannot receive compensation.In Texas, there is a modified comparative negligence system in place. This means that a person can still recover compensation after an accident, even if they were partially at fault for the incident. Any party that is less than 51% responsible for a car accident can recover compensation, though their final settlement will be reduced based on their percentage of fault.

Fatality Crash Involving 18 Wheeler on 1669 Demonstrates Importance of Trucking Safety Rules

The Texas Department of Public Safety is still investigating a fatality crash that occurred May 15^th on FM 1669 just north of Huntington. Initial reports state that an 18 Wheeler carrying oil field equipment lost control of an unsecured load causing the heavy equipment to strike a pickup truck being driven by Jeremy Johnson, 38, of Mineral Wells.  Tragically, Mr. Johnson was pronounced dead at the scene by Angelina County Justice of the Peace Pct. 3 Pat Grimes Grubbs.

Sadly, this is another example of a preventable crash taking a life on Texas roadways. Contrary to what many may think, most professional trucking companies, and drivers, are true professionals who follow the rules, take their work seriously and put safety first. Unfortunately, when trucking companies don’t follow the rules, and don’t put safety first, the results can be catastrophic.

In trucking crash litigation, this is what attorneys refer to as a “systems failure crash” because the root cause of the crash occurred long before the actual crash.  In this case for example, there are multiple trucking industry safety rules that must have been violated to allow this crash to occur.  There are specific rules about how loads must be secured before being transported on the highway including the type and strength of straps and/or chains and the manner they are secured.  The truck, trailer and load must be checked again before the truck gets on the highway, and then, depending on the type of load, the driver may be required to stop after the first 15 minutes of driving to check the load again.  

Trucking companies are required to train their drivers on these safety rules and put procedures in place to make sure the drivers understand and follow all safety “rules of the road”.  According to initial reports, the oilfield equipment being transported was “unsecured”. When trucking companies ignore established safety rules, training and procedures the results can be devastating and tragic.

Mike Love
Mike Love & Associates LLC
202 E. Lufkin Ave.
Lufkin Texas 75901
Ph. 936.632.2000
WWW.TexasLawOffice.com

Mr. Love’s firm represents clients injured in 18 Wheeler crashes nationwide and has been a featured speaker for the Texas State Bar Seminar on Prosecuting Trucking and Auto Crash Cases since 2014.  Mr. Love is a Board Member and Sustaining Member of the Texas Trial Lawyers Association. If you are a family member have been seriously injured in an 18 Wheeler crash, you can contact the firm at 936-632-2000.

What Are Common Delayed Car Accident Symptoms?

It is important to seek medical attention after a car accident. Even though you may not be experiencing noticeable or immediate symptoms, you should seek medical clearance from a doctor. During and after an accident, your body could experience an adrenaline rush, which could keep you from feeling injury symptoms. Delayed car accident injuries could occur in the days or weeks after an accident.

Common delayed injury symptoms could include:

• Headaches. A headache could be a sign of a concussion or whiplash.
• Localized pain and stiffness. Localized pain, such as back pain or neck pain could be a symptom of a larger problem, such as whiplash or a herniated disc injury. You could have a soft tissue injury.
• Emotional injuries. It is possible to develop post-traumatic stress disorder (PTSD) after a car accident. Changes in mood or behavior could be an effect of your car accident.

Do I Need to Seek Medical Attention After a Car Accident?

If you are experiencing any symptoms after an accident, you should see a medical professional.  You should continue to see a doctor until your symptoms stop. Depending on the circumstances, your symptoms could be a serious health concern.

In addition, when you try to file a claim with your insurance company, they will use your medical history to assess your injury claim. If you do not have medical history after your accident, the insurance company may try to claim that your car accident injuries were not severe enough to seek medical attention.

Contact a Lufkin Car Accident Attorney Today

If you or someone you love has been injured in a car accident caused by the negligence of another driver or entity, we recommend that you contact a car accident attorney as soon as possible to discuss your situation.
At Mike Love & Associates, LLC, our Lufkin attorneys advocate for the victims of car accidents throughout Texas. We could help you gather evidence, file your claim and defend you against the insurance companies. Call us today at (936) 632-2000 for a free, confidential consultation.

Can I Sue After an Accident Involving Uber?

Uber, Lyft and other ridesharing services are widely available across Texas and the United States. In fact, Uber first came to Angelina County in late 2017. While these services are useful for getting around after a night of drinking, or if you don’t have your own car, they can also be dangerous. Uber has attracted criticism for hiring dangerous or unqualified drivers.

There are reports of recent accidents involving Uber drivers. Accidents involving this company and other ridesharing companies have been widely documented by the press over the past several years.

If you or a loved one suffer harm as an Uber passenger, then your ability to recover compensation for your injuries will depend on the circumstances. Liability can be tricky with ridesharing companies because of the way they classify their drivers. Drivers are classified as independent contractors, not employees.

Uber has a primary insurance policy through James River Insurance Company, but it only applies during certain situations. For this policy to be active, the Uber driver has to be available and transporting passengers at the time of the accident. The policy is also active in cases where the accident involves an uninsured driver. Coverage may also extend to third parties, such as cyclists, pedestrians or other motorists in certain situations.

Uber drivers may also have coverage options if they are carrying passengers at the time of the accident. The driver may receive some coverage if he or she has the Uber app set to accept passengers, but is not carrying passengers at the time of the accident.

Injured passengers and drivers may also be able to file a claim against the motorist responsible for causing the accident. In some cases, an at-fault driver may be working for an employer, meaning the employer could also be liable for damages.

Contact Our Texas Car Accident Attorneys for a Free Consultation

As you can see, car accident compensation is not always easy to understand. This is especially true in cases that involve ridesharing companies. We have a page on our website that discusses why car accident compensation can be difficult to determine. This is why most accident victims will run into problems trying to handle insurance companies on their own.

Fortunately, the Texas car accident attorneys at Mike Love & Associates, LLC have extensive experience handling auto accident cases. We also have resources on our website that can help you avoid making mistakes with insurance companies after an accident. You can reach us for a free consultation by calling (936) 632-2000 or by using our online case review form.