Common causes
Each accident is different. A careful review can show how the injury happened and who may be responsible. Common causes include:
- Distracted driving or texting
- Speeding or unsafe lane changes
- Drunk or impaired driving
- Rear-end and intersection crashes
Evidence that may help
Evidence can be lost or changed. Photos, video, records, and witness details should be saved as soon as it is safe to do so.
- Crash report and witness names
- Photos, video, and vehicle damage
- Medical records and bills
- Insurance and wage records
Negligence, causation, and shared fault
A car accident claim usually requires proof that a driver owed a duty, breached that duty, and caused compensable harm. A traffic citation can be useful evidence, but it does not automatically decide civil liability. The crash report, physical evidence, testimony, and applicable safety rules must be evaluated together.
Texas uses proportionate responsibility under Chapter 33 of the Civil Practice and Remedies Code. A claimant who is more than 50 percent responsible cannot recover. A claimant who is 50 percent or less responsible may recover, but the damages are reduced by that percentage. Multiple defendants may also dispute how responsibility should be divided.
Many Texas injury lawsuits must be filed within two years. Some claims have shorter notice rules or different deadlines. A claim against a city or other government body may require fast written notice. It is wise to have the deadline checked early.
What may be recovered?
A car crash claim may include medical costs, lost income, pain, physical limits, disfigurement, and property damage. The facts and proof control what may be recovered.