If you’ve been in a car accident, it’s always smart to call a car accident injury lawyer in San Antonio as soon as possible. You’ll want legal advice to understand if it’s an option in your case to sue the other driver.
Can I Sue the Other Driver If I Was Injured in a Car Accident?
Suing the other driver after being injured in a car accident is a legal right available to you, however, you’ll want to bear in mind that, in most cases, it’s the insurance company you’re trying to get reimbursement from, not the individual. Most people have insurance for this reason and are unlikely to be able to pay for your medical bills, financial losses, and pain and suffering out of their own pockets.
The other issue is whether the other driver was at fault. They must be liable for your injuries for you to bring a lawsuit. Remember, every case is unique, so it’s important to talk with a lawyer.
Liability in Car Accidents
Liability refers to establishing who is at fault and, consequently, who is responsible for damages. The person who is liable is generally the person who was negligent. Negligence occurs when a person fails to exercise reasonable care and so causes harm to another individual. In a car accident case, this usually manifests as breaking traffic laws, driving recklessly, or driving impaired or distracted. You’ll have to show:
- The other driver had a legal obligation to operate their vehicle safely
- The driver breached that duty by acting carelessly or recklessly
- The breach of duty directly caused the accident and your injuries
- You suffered actual losses, such as medical expenses or property damage
Comparative Negligence
Texas has comparative negligence laws, where your compensation is reduced by your percentage of fault in the accident. For example, if you are found to be 20% at fault, your total damages award would be reduced by 20%. If you’re more than 50% at fault, you can’t collect anything at all.
Insurance Policy Limits
The at-fault driver’s insurance policy limits are usually going to affect the amount of compensation you receive. If your damages exceed these limits, you may need to seek additional compensation directly from the driver, but that can be very challenging if they lack sufficient assets. You can’t get blood from a stone. You’ll need to talk with your lawyer to discover all avenues for compensation that might be open to you.
What to Do
Notify the police and file an accident report, even if the accident was minor. Collect contact and insurance information from all parties involved. If possible, take photos of the scene, vehicle damages, and any visible injuries.
Call a Car Accident Injury Lawyer in San Antonio
Always get in touch with a qualified attorney who works in personal injury law. For more information, click here.
If you’ve been in a car accident, don’t wait to get legal help as soon as possible.
