Texas Motor Vehicle Accident Lawyer

Key Takeaways

• The data from vehicles and videos do not last as long; therefore, a knowledgeable Texas motor vehicle accident lawyer handles the preservation of logbooks, recordings from the event data recorder, and the videos from business premises, which are on a retention cycle of only days or weeks. 

• Texas law sets minimum liability coverage limits at 30/60/25, indicating insurance for a maximum amount of $30,000 for each injured person in an automobile accident, $60,000 in a single casualty accident, and $25,000 for damages to property. 
• Insurers in Texas are obligated to provide Personal Injury Protection insurance and Underinsured/Uninsured Motorist insurance. However, both can be declined in writing. It is a common occurrence that those who choose to opt out of these options don’t even remember doing that. Check your declarations page to see if you opted out.

• You have a period of two years to file a lawsuit against your opponent in most accident cases. Vehicle compensation via a government entity must be reported much earlier than usual.

A motor vehicle accident claim Texas requests monetary compensation from the insurance company of the negligent driver for medical expenses, loss of earnings, and other associated injuries. Whether your accident took place on busy highways such as I-30, I-35, and I-45 or quick roads in East Texas like US-175 and I-20, the type of incident, such as auto collision, trucking accident, ridesharing accident, or hit-and-run, would also determine special proof, insurance policies, and law enforcement measures needed.

With an accident happening in Texas every 57 seconds, JLW Law Group has a team of competent Texas motor vehicle accident lawyers. Since 1987, Mr. Jeff Weinstein has been the trusted lawyer of accident victims and has helped clients all over Dallas, Kaufman, Athens, and East Texas.

To reach our team at JLW Law Group, call 903-287-2787 for a free 20-minute consultation.

Who Can File a Motor Vehicle Accident Claim

If someone is harmed in an accident where another individual is at fault, they can make a claim. In fact, there are more people who are eligible to file a lawsuit than many may think.

Here are some of the eligible categories of claimants:

• The drivers who weren’t primarily at fault for the accident 
• Any passengers, even the ones in the at-fault vehicle. Passengers are generally considered blameless in most instances.
• The bikers and pedestrians were hit by a negligent motor vehicle driver.
• Motorcycle riders can also file a claim, as all riders are subject to the same fault rules as anyone else.
• Families of crash victims who were unable to survive, they can file a wrongful death claim. 
• Parents or guardians can file a claim on behalf of their injured child.

One point worth making here is that just because your family member or friend caused the accident does not mean you can’t file a claim. It may be a bit awkward, but the claim will run against their liability policy. And this is the exact scenario the policy was purchased for, so that the driver doesn’t have to pay out of pocket.

What to Do in the First 48 Hours

The following checklist ranks items based on their impact on a claim, rather than mere convenience.

• Seek immediate medical treatment: Do not wait until tomorrow or until your health deteriorates. In injury claims in Texas, the time gap between the accident and the date when medical treatment started serves as the main argument against showing a connection.
• Report the accident to the police and obtain the accident report number: Officers are obliged by the laws of Texas to write reports on cases involving injuries, death, or damages surpassing $1,000.

• Photograph before vehicles move: Take pictures of everything immediately so that the vehicles do not move to their final locations, all four sides of the two cars, tire marks, debris, road conditions, traffic signals, weather, and the like.

• Gather witness names and phone numbers on your own: It is not always possible for law enforcement officers to obtain witness contact information, and witnesses tend to disappear pretty quickly.

• Photograph your injuries: Take pictures of your injuries on the same day and one week later. Bruises can easily change appearance, so it can be pointless to take a picture two weeks later.

• • Notify your own insurer: Your policy contains a cooperation clause, and this should NOT be confused with what you may say to the other party’s insurer.
  • Don’t provide any statements: Do not provide a recorded statement to the other party’s insurer, as you are not obligated to do so.
  • Preserve the car: Do not allow repairs to begin or the insurance company to get rid of the car until you or anyone interested in examining it has done so. The vehicle may serve as important evidence, particularly when it comes to event data recorders.
  • Document the incident as soon as possible: Take note of the time, weather, what happened, and the statements made at the site.

• Stop using social media: Adjusters are known to scrutinize social media accounts for pictures or postings to use as evidence against your claim that your injuries are fake or exaggerated. Therefore, it is best to stop posting anything on social media.

Types of Vehicle Accident Cases Our Texas Auto Accident Attorney Handles

Car Accidents

Insurance companies approach car claims with the assumption that they are common and try to find ways to minimize their payouts. Progress in the case depends on the accuracy of the police report, on how well Texas car accident lawyers prove who is responsible for the accident, and on the insurance limits. 

Some defense tactics utilized by insurance companies involve saying that the driver is slow in rear-impact cases or transforming disputes over intersections into credibility battles without video evidence. 

Truck Accidents

Commercial truck accidents are subject to federal safety regulations, hours-of-service records, maintenance records, and several liable parties (driver, carrier, broker, shipper). 

Since the information recorded in electronic log books and event data recorders (“black box”) is erased quickly, sending letters to preserve documents by the Texas truck accident lawyer is of utmost importance for ensuring the compensation provided by insurance. 

Motorcycle Accidents

Bikers do not get fair treatment from adjusters and jurors, who usually conclude that motorcycle riders are reckless. Because injuries sustained during bike accidents usually exceed minimum limits of insurance, a Texas motorcycle accident lawyer will establish the rider’s proper conduct through physical vehicle data, lane positioning, and helmet use records. 

Commercial Vehicle Accidents

Commercial vehicles, including delivery vans, service trucks, and company-owned cars, are often associated with employer responsibilities and liability. This means that the employer’s insurance policy can come into play in most cases, as well as factors that may include the hiring process, employee training, or supervision. 

The main question that arises in such cases is whether the driver was acting within the scope of his duties when an accident took place. The answer is crucial because it determines which policy comes into play.

Uber and Lyft Accidents

Uber and Lyft also have complicated insurance policies depending on what the driver was doing at the time of the accident. Their policies can vary considerably according to the situation.

The type of policy that applies in a specific case will depend on the information received from the Uber or Lyft app. This information is the property of the rideshare company, and it can be obtained only by filing a formal request. 

Bus Accidents

Private buses are under commercial liability laws, while public buses and school buses fall under the jurisdiction of the governmental authority. Lawsuits in this regard have very short time limits and monetary limits. 

Pedestrian Accidents

Pedestrian accidents are often caused by visibility issues or miscalculating the right-of-way. In such cases, the variables that are often disputed may include sidewalk regulations, signal configurations, and the driver’s limitations in visibility.

Typically, damages in pedestrian accidents are serious because there are no crumple zones present in the events of such cases. 

Bicycle Accidents

Under Texas law, bicyclists enjoy the same rights and responsibilities as other drivers; however, the claims made concerning their accident make it seem like the bikers were in the wrong place. The main points of contention are road positioning, visibility, illumination, and the driver’s concentration.

Keep the bicycle and the helmet for clarification, as they both shed light on the impact forces. 

Hit-and-Run Accidents

When a driver flees from the scene, they are breaking the law, but the criminal aspect will not compensate you for any costs incurred from having to seek medical attention and compensation. 

To recover any such costs, you will need to rely on your uninsured motorist coverage. It is important to alert the police as soon as possible since most claims require that a police report be filed. Ensure that you use every means presently available to establish identification, as this will be crucial in establishing accountability: check if there are cameras in the vicinity of the accident, if video of the event was captured on doorbell cameras, or if traffic cameras have images of the incident. 

Uninsured and Underinsured Motorist Claims

Data from the Insurance Research Council shows that in Texas, one in eight drivers has no insurance. A far greater number of others only have the minimum coverage that is insufficient to pay for any serious injury.

Your own policy provides UM/UIM coverage to fill in the gap. Texas law requires the insurance companies to offer this coverage to all their clients; though you can reject it in writing, which a lot of people do for cheaper insurance.

The claims run against your own insurance company, and this totally changes your relationship with that company. A company to which you paid insurance for many years is now both denying your compensation and evaluating your injuries, which is why you need an experienced lawyer to fight your case. 

What Causes Texas Crashes

According to TxDOT data, there is a crash in Texas every 57 seconds. As a result, about 4,150 fatalities and 251,977 injuries occurred statewide. 

The recurring causes:

The geography of the region influences what we see. The I-20 and I-45 corridors carry heavy freight traffic through East Texas. In addition, I-30 and I-35 are the main arteries for commuting to and from the metro area. Even US-175 is quite busy as it connects Dallas with Kaufman and further into Athens, where serious accidents frequently occur due to the inconsistency of the speed limit. 

Injuries We See Most

The types of accident injuries can be classified according to how hard they are to prove, which is not equal to the level of injury seriousness. 

• Straightforward to document: These are simple to prove, such as fractures, cuts, burns, dislocations, and internal injuries that can be seen on imaging. 

• Contested constantly: Injuries like whiplash, soft tissue injuries, disc herniations, concussions, and mild traumatic brain injuries are frequently claimed not to be present due to degeneration, existing condition, or exaggeration. Consistent treatment and documentation are what set apart injuries in this category from the straightforward ones. 
• Catastrophic: These are injuries like spinal cord injury, severe TBI, amputation, and serious burns that cause lifelong disabilities. Serious injuries cause problems with getting compensation because cost of recovery can be higher than the maximum compensation. 

Note about brain injuries: A “mild” traumatic brain injury is a medical term that does not describe a real-life situation effectively. The absence of brain damage on imaging does not mean that nothing happened to the injured person. Memory loss, changes in personality, headache, and lack of concentration must be communicated to a healthcare provider in a timely manner by a patient who has been involved in an accident. 

Who Pays, and How Texas Insurance Works

The state of Texas is an at-fault jurisdiction. The person who caused the accident has liability insurance that would pay for the damages suffered by the victims of this incident. 

Texas Minimum Liability Limits Are 30/60/25

Texas law requires car insurance companies to show coverage and pay up to $30,000 for each individual involved in the accident, up to $60,000 per accident, and $25,000 for damages to property. These limits are not actual amounts but minimum requirements for a given state. 

Where the rest can come from:

Who pays the bills while the case is pending? 

Normally, it is not the insurance company of the person responsible for the accident that pays medical bills until the matter is resolved by the parties. The coverage will be provided at the end of the case in a lump format. 

Until the matter has been resolved, you will have to rely on health insurance, MedPay coverage or PIP claims. Therefore, people who refer to the insurance company are confusing liability insurance with health insurance. 

How Fault Gets Split in Texas Crashes

In Texas, the statutes dictate a modified comparative negligence method under Tex. Civ. Prac. & Rem. Code §33.001, whereby any recompense you receive depends on how much blame will be allocated to you in a crash. If you are found to be at least 51% at fault for the accident, you shall not receive any compensation; however, if you are found at fault up to 50%, your compensation shall be reduced proportionately.

Since just one extra percentage point (i.e., going from 50% to 51%) assigned to you can completely bar you from receiving any compensation, insurance experts realize the importance of arguing issues like sudden braking, traffic lights at intersections, and lane positions. A diligent Texas motor vehicle accident lawyer or Texas crash attorney utilizes all tools available, from black boxes, tangible evidence, and video recordings.

What Compensation Covers

Claiming damages in Texas after a vehicle accident enables victims to get some reimbursement for material losses and subjective suffering caused by the negligent driver. 

Medical Expenses and Future Treatment

This includes the cost of ambulance rides, hospitalization, surgery, physiotherapy, drugs, and any long-haul treatment suggested by the doctor. Your claim is based not only on the medical bills you currently owe but also on any costs related to your future treatment. 

Lost Income and Earning Potential

Victims can claim damages related to lost income as a result of their absence from work, including taking days off or vacation time. When the injuries sustained by the victim make them incapable of doing their job in the future, they can claim damages related to their diminished income. 

Vehicle & Property Damage

Compensation is composed of the amount used to restore your vehicle back to its original working condition, or the cash value it has if it is deemed a total loss. Also included in it are the costs for renting a car, any loss in value of your car post-repair, and the valuation of personal belongings destroyed during the incident, such as laptops and baby seats. 

Pain & Suffering

This component of compensation deals specifically with the emotional hardship one has to go through as a result of the accident, including the psychological impact felt after experiencing such a life-changing event. Texas law also allows for compensation based on permanent injury losses. 

Warning Regarding Insurance Release: People need to be aware of the fact that property damage accidents are treated differently from personal injury accidents in the state of Texas. Therefore, settling your car repair case will not mean that your injury case will be closed, unless the release contains blanket waiver language. Always consult with a motor vehicle accident lawyer Texas before signing any insurance papers.

Do you think that the amount offered by the insurance agent is satisfactory or far from the rightful value?

By calling JLW Law Group for a complimentary 20-minute consultation, you can receive an accurate picture of the worth of your case.

You can call any of our following locations:

• Athens: 903-287-2787
• Dallas: 214-972-0688
• Kaufman: 972-846-6592

How Carriers Reduce Vehicle Accident Payouts

Although the general practices of adjusters are indicated in our main personal injury page, collision claims require special tactics to decrease your compensation amount. 

• The property damage anchor – The insurance company often resolves your car repair or total loss claim quickly and smoothly, giving you a false impression they are nice and supportive. 

• Low-impact defense – The fact that there has been only minor damage to your car is used to argue that you could not have suffered injuries. The pictures of the car bumpers are treated as evidence. When biomechanics do not actually support the argument, it is used anyway in almost every soft-tissue case.
• Degenerative findings – Any sign of bulging of a disc or a change stemming from arthritis is viewed as a pre-existing conditions even in cases where symptoms did not appear before the accident.
• Treatment scrutiny – Chiropractor sessions, period of time during which one has not undergone therapy, and choice of specialists are all considered to be problematic from the point of view of adjusters as excessive treatment or “treatment upon attorney’s instruction”.
• Fast payment on a small file – Insurance company makes you a quick low ball offer before you even recognize the extent of injury. This is done so that you accept the offer without knowing exactly how much more your compensation is actually worth. 
• Delay on a big one – When injuries are substantial, negotiations slow down significantly, despite the urgency. This is so that the victim quickly accepts their lowball offer as they are most of the time in need of cash. 

Mistakes That Shrink a Claim

Insurance adjusters are always searching for ways to minimize or even reject your claim, and one misspelled detail right after the accident can damage your claim significantly. 

• Delaying medical care: By seeing a physician after days or weeks of your accident, you give insurance companies the best possible reason to claim that injuries were not the result of the accident or simply not that serious. 
• Saying “I’m fine” at the scene: Adrenaline can cover serious injuries to soft tissues and even head injuries at the scene of the accident. The insurance company will use what you said when filing the accident report against you to deny you any compensation for pain. 
• Giving a recorded statement: There is no obligation for you to give an official statement to the other driver’s insurance company. The adjusters will manipulate your statements to make it sound like you either admitted fault or minimized your injury. 
• Signing blanket medical releases: Insurance companies use wide medical release to check your entire medical history for any pre-existing conditions that can relieve them of the responsibility for paying your medical bills.
• Disposing of the vehicle too soon: Giving authorization to repair your automobile or letting a total loss vehicle get scrapped obliterates evidence, especially the event data recorder (“black box”) metrics.
• Skipping medical appointments: Having gaps or abrupt breaks in your medical treatment can convince adjusters you are fully recovered.
• Posting updates on social media: The use of images, check-ins, or innocuous comments can be manipulated into an argument that the claim is fraudulent or exaggerated.
• Accepting the initial lowball offer: Accepting an early Texas vehicle accident settlement will finalize your claim process before your medical bill and needs are understood.
• Assuming the police report is final word: Crash reports are fraught with mistakes, as well as the opinion of the officer about culpability being irrelevant in court or in the negotiations with insurance.
• Handling a complicated claim alone: Attempting to negotiate an injury claim without a Texas vehicle accident lawyer will leave you susceptible to the aggressive tactics of an adjuster whose aim is to reduce your payout.

Why the First Weeks Decide the Case

In the case of a collision, two clocks begin to tick, and each is set at a different speed.

As far as legal proceedings are concerned, the law is lenient regarding the statute of limitations; it usually gives you two years for most of the claims, under Tex. Civ. Prac. & Rem. Code § 16.003, but for cases involving vehicles in the government’s possession, notice deadlines are shorter.

Yet, the evidence clock telling the time of events shows no mercy. Business surveillance videos are erased in several days. ELD and EDR data sit on retention schedules. Vehicles in question get repaired or destroyed. Skid marks disappear in the rain. Witnesses stop answering calls from unknown numbers.

Therefore, getting prompt legal help is necessary to pursue maximum compensation.

How JLW Law Group Works on a Crash Case

Our company utilizes a systematic approach to safeguard and develop your claim, beginning from gathering perishable evidence on the first day to negotiating with insurance adjusters for maximum coverage. 

• Preservation first: Preservation letters are sent to the carriers, trucking companies, and businesses with imaging devices. This step cannot be redone once video evidence has been overwritten.
• Investigation: This entails going through the crash report for any inaccuracies, photographing the scene, gathering witness accounts, and, when needed, reconstructing or conducting vehicle data analysis.
• Coverage hunt: This involves finding everyone who is responsible for liability, the business’s insurance, or your UM/UIM and PIP policy. Oftentimes, this category will sway the case outcome more than the liability does in serious cases.
• Medical documentation: Requesting medical documents, getting billings done, and collecting the picture of future medical care from your providers. Nothing can be decided before getting stable and establishing your condition.
• Demand and negotiation: Documenting the demand package for negotiation purposes before filing the lawsuit if the number doesn’t correlate with the created documents.

Talk to a Texas Motor Vehicle Accident Lawyer at JLW Law Group

The week after a collision is filled with various logistics, conversations with insurance adjusters, and pre-settlement offers, before you know how much compensation you could receive. This is why you need a Texas motor vehicle accident lawyer.

Jeff Weinstein of JLW Law Group has been working on behalf of accident victims all over Texas since 1987. 

The types of claims our Texas motor vehicle accident attorneys handle include car, truck, motorcycle, commercial vehicle, rideshare, pedestrian, and UM/UIM claims through our offices located in Athens, Dallas, and Kaufman. Insurance companies have a playbook that helps them minimize their payouts through fast offers, accusations based on minor incidents, and exaggerated blame shared between the responsible parties.  Our Texas vehicle collision lawyers know their playbook and know how to beat them. 

Call 903-287-2787 to fill out our contact form for a free 20-minute consultation.

Frequently Asked Questions

What if the other driver doesn’t have insurance?

If the driver responsible for the accident does not have insurance, you might be able to get compensated for your damages through your uninsured motorist coverage. Under Texas law, insurance companies must provide policyholders with the option to buy uninsured motorist coverage. 

Can I recover compensation after a hit-and-run?

Sometimes, insurance claims that arise from hit-and-run accidents can be resolved using your uninsured motorist coverage. Report the incident to the police without delay and gather evidence such as video recording, scene debris, and paint that is left on your car. 

Should I accept the insurance company’s first offer?

Take your time before accepting the settlement offer. It’s important not to accept a settlement offer before medical treatment is finalized. Insurance companies typically base their offers on information that is less than complete, which could lead to a less-than-fair settlement. 

What happens if multiple vehicles were involved?

Fault is split among all responsible drivers. Multi-vehicle pileups mean competing accounts and insurers blaming others, often requiring accident reconstruction. Multiple insurance policies increase available coverage, but claims move slowly and often require litigation.

Can I recover damages if weather contributed to the crash?

Yes. Texas drivers must adjust speed and distance to weather conditions. “I hydroplaned,” explains the crash but does not excuse negligence. Bad weather increases fault arguments, making immediate documentation of road conditions critical.

Does it matter that the police report says the other driver was at fault?

It helps, but it is not binding on insurers or courts. A Texas crash report reflects an officer’s quick opinion and often contains factual errors. Corrections must be submitted directly through the reporting agency.

What if I had a pre-existing injury in the same part of my body?

You can still recover compensation. Texas law allows recovery for aggravated existing conditions. You must provide medical records proving your health baseline before the crash and showing clear evidence of new or worsened injuries after.