Your car accident may have left you with expensive medical bills, costly repair bills, and high lost wages. Our lawyers work to get you the damages you need and get on a path to recovery.
We can help you with insurance claims and lawsuits to recover financial compensation for both economic and non-economic damages. We can stand up to insurance companies and at-fault drivers alike and fight to get you the money you deserve.
For a free case review, call Cap City Injury Attorneys’ car accident lawyers at (512) 612-3110 today.
Do I File a Lawsuit or Car Insurance Claim for an Accident?
In many injury cases, you will start by filing a car insurance claim. If the defendant’s insurance refuses to pay up, you can go to court.
Why Do Insurance Companies Deny Claims?
In most cases, insurance denies the claim because they don’t have enough proof that their driver was at fault or that your damages are as serious as you say they are.
Can You Negotiate?
Our car accident attorneys can negotiate for full payment and help to settle your case without going to trial.
Lawsuits
You can file a lawsuit if settlement negotiations do not work. Just because you file a lawsuit doesn’t mean you have to go to trial; most cases do still settle after the defense sees the pressure of the upcoming lawsuit and the strength of the evidence against them.
What Does My Insurance Cover?
In Texas, drivers are only required to carry liability insurance. This pays the victims in accidents you cause. That means there is nothing to cover your own injuries unless you have upgraded insurance.
The following optional coverages can help you, if you have them:
- Uninsured motorist coverage pays you if the other driver has no insurance. Insurance companies must offer this, and you have to reject it in writing if you do not want it.
- Underinsured motorist coverage pays if the other driver’s insurance is too low.
- Medical payment coverage can help with medical expenses.
- Collision coverage can pay for vehicle repairs.
- Comprehensive coverage can pay for non-collision damage (e.g., tree branches falling on your car).
How is Fault Determined in a Killeen Car Accident?
Fault only applies to a driver who has done something wrong, but it can apply to multiple drivers:
Requirements for Fault
For a driver to be held at fault, they must have violated a legal duty they owed you. Without actually doing something wrong – and having that be the actual cause of the crash – they cannot be held accountable.
Assigning Fault
Fault can be assigned to multiple drivers as a whole-number percentage. This can mean something like 50/50 fault among two other drivers or other combinations. Each driver pays damages for their share of the blame.
Victims can also be assigned partial fault, and they can still recover reduced damages as long as they are at 50% fault at the maximum.
What is My Case Worth?
Our attorneys cannot estimate the value of your case without examining the facts, cracking open your financial records, and examining your pain and suffering.
Assessing Economic Damages
Most cases involve three areas of economic damages:
- Medical bills
- Lost wages
- Vehicle damage.
These damages are based on records and appraisals, as well as economic evaluations of what the accident will cost you.
Calculating Non-Economic Damages
On top of that, you can claim compensation for pain and suffering, mental anguish, and other damages. We can use various calculation methods.
Proving Damages
We must have proof of your damages to sue for them. If there are any damages we cannot link to the accident or amounts we cannot provide proof of, we may be unable to claim those damages.
FAQs for Car Accident Cases in Killeen, TX
Do I Need a Lawyer if I Have Insurance?
If you were the defendant, your insurance would provide you with a lawyer. As a victim, your insurance doesn’t protect you; the other driver’s insurance pays you. Having a lawyer can help hold them accountable, protect your rights, and help you understand what your case is worth so you are not taken advantage of.
Never go into a case without a lawyer.
Can I Sue if I Was Partially at Fault?
Partially at-fault defendants are allowed to sue in Texas, but their damages might be reduced by a percentage equal to their percentage of fault. If your percentage of fault is over 50%, your case is barred.
Can I Sue a Commercial Driver’s Employer?
If a commercial driver – such as a truck driver or bus driver – was working within the scope of their employment when they hit you, then you may be able to sue their employer in their place. Their employer might also be liable for the accident if negligent maintenance, negligent hiring/retention, or another issue was the cause.
What is the State Minimum Car Insurance in Texas?
Car insurance in Texas must cover at least the following liability limits:
- $30,000 per person for injuries
- $60,000 per accident for injuries
- $25,000 per accident for property damage.
This is known as a 30/60/25 system.
Can You Sue People Other than Drivers?
Some accidents involve at-fault parties aside from the driver:
- Commercial drivers’ employers
- The vehicle owner
- Manufacturers of defective vehicles and auto parts
- The government responsible for dangerous roads.
What is Pain and Suffering
“Pain and suffering” is the umbrella term for “non-economic damages.” These damages pay you back for the experiences you generally face after an accident, such as fear, pain, loss, and emotional distress.
Does Insurance Cover Pain and Suffering?
If you have first-party benefits on your insurance, such as medical payment coverage, this will not typically pay for pain and suffering. However, the defendant’s liability insurance should cover pain and suffering.
Is Texas a No-Fault State for Car insurance?
No, Texas does not use a no-fault system. Instead, we go after the at-fault driver and their insurance to cover damages in a crash.
Do I Need a Police Report for My Accident Case?
Our lawyers can typically locate police reports for you. These cannot typically be used as evidence, but they may contain info we can use, like the at-fault driver’s contact info and diagrams of the crash.
Do I Need Security Camera Footage?
If your accident was caught on a security camera or traffic camera, that video can be vital evidence. We can contact the owner of the footage to save a copy for us.
Who Can Testify in a Car Accident Case?
You can testify as the victim, and anyone else with first-hand knowledge of what happened can also testify. Second-hand knowledge is hearsay and is not usually allowed.
However, experts can testify about scientific and technical info, even if they did not witness the accident.
Call Our Killeen, TX Car Accident Attorneys Today
For a free review of your case with our experienced car accident lawyers, call Cap City Injury Attorneys at (512) 612-3110.