Unfortunately, accidents are common in Houston and can happen to anyone at any time. When you’re involved in a car accident that wasn’t your fault, it’s not just the damage to your vehicle that you have to worry about–there are also medical bills, lost wages, and the potential for long-term injuries to consider. If you find yourself in this situation, you may wonder, “Can I sue someone personally after a Houston car accident?” This article aims to answer that question, giving you a clear understanding of your legal options.
Understanding Liability in Texas Car Accidents
Texas law operates under a “fault” system, meaning that the person who caused the accident is financially responsible for any harm caused by the crash. This means that you can sue the at-fault party personally after a Houston car accident to recover damages.
However, it’s essential to determine who is liable for the accident. Liability is often apparent in straightforward cases, such as a rear-end collision where the other driver was clearly negligent. However, in more complex situations, determining liability might require gathering evidence from the accident scene, obtaining witness statements, and reviewing police reports.
Steps to Take Before Suing
Before deciding to sue someone personally after a car accident in Houston, there are several steps you should consider:
File a Claim with Insurance:
Initially, you should file a claim with the at-fault party’s insurance company. Texas law requires all drivers to carry liability insurance, which may cover the damages they suffered. Insurance settlements can often resolve the issue without going to court.
Consult a Personal Injury Lawyer:
It’s highly advisable to consult a personal injury lawyer specializing in car accidents. A lawyer can help you understand your rights, explore your options, and gather the evidence to build a strong case.
Evaluate the Severity of Your Damages:
Consider the extent of your injuries, the cost of medical treatment, and any impact on your ability to work. If your damages are significant and the insurance company’s offer is insufficient, suing the at-fault party may be necessary.
The Process of Suing Personally
Suppose the insurance settlement needs to adequately cover your losses. In that case, you might file a personal injury lawsuit against the at-fault driver. Here’s a simplified breakdown of the process:
- Filing a complaint
- Discovery phase
- Negotiations and settlements
- Trial
Suing someone personally after a Houston car accident can be a challenging but necessary step if insurance settlements fall short of covering your losses. Understanding the process—from filing a complaint to possibly going to trial—can help you feel more prepared and empowered. With the right legal guidance, such as from the experienced attorneys at Zehl Law Firm, you can navigate this complex process effectively, presenting a strong case to secure the compensation you deserve. Remember, each case is unique, and having professional support can make a significant difference in achieving a favorable outcome.
Factors to Consider Before Suing
Statute of Limitations:
In Texas, you generally have two years from the accident date to file a personal injury lawsuit. Acting within this timeframe is crucial, or you might forfeit your right to sue.
Comparative Fault Rules:
Texas follows a “modified comparative fault” rule. This means that if you’re found to be partially responsible for the accident, your compensation can be reduced by your percentage of fault. You cannot recover damages if you are more than 50% at fault.
Ability to Collect:
While you can sue someone personally, collecting compensation can be challenging if the at-fault party lacks the financial resources to pay the judgment. Insurance is typically the primary source of compensation.
Contact the Undefeated Houston Personal Injury Lawyers from Zehl & Associates Injury & Accident Lawyers for Help Today
In summary, you can sue someone personally after a Houston car accident, mainly when their negligence has led to your injuries and losses. However, this process can be complex and time-consuming, making considering alternatives such as insurance claims and settlements essential. Working with a skilled personal injury lawyer can provide the guidance you need to navigate this challenging situation effectively.
If you or someone you know has been involved in a car accident in Houston, the attorneys at Zehl & Associates are here to help. Our experienced team understands Texas car accident laws. It can guide you through the process to ensure you receive the compensation you deserve. Contact us today for a free consultation.
For more information, please contact our Undefeated personal injury attorneys in Texas at Zehl & Associates Injury & Accident Lawyers to schedule a free consultation today.
We proudly serve Harris County, Midland County, and throughout the state of Texas:
Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
Open 24 hours
Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
Open 24 hours