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Understanding Your Right to Compensation
If you’ve been injured in a car accident, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. Texas law allows accident victims to pursue claims against the party responsible for their injuries, including commercial vehicle operators. Whether the accident was caused by a distracted truck driver, a negligent delivery van operator, or another commercial entity, you have the right to hold them accountable.
If you or a loved one has been involved in a catastrophic accident or a collision with a commercial vehicle, the time to act is now. To successfully claim compensation, you must demonstrate that the at-fault party owed you a duty of care, breached that duty, and directly caused your injuries. Evidence such as medical records, accident reports, and witness statements will strengthen your case.
Types of Recoverable Damages
Victims of car accidents may recover economic and non-economic damages, including:
Medical expenses – Hospital visits, surgeries, rehabilitation, and ongoing treatments
Lost wages – Compensation for missed work and diminished earning capacity
Pain and suffering – Compensation for physical pain, emotional distress, and reduced quality of life
In Texas, even if you have pre-existing conditions, the at-fault party is responsible for any worsening of your health due to the accident, under the “Eggshell Plaintiff” rule.
The Role of Insurance Companies
Insurance companies often attempt to minimize payouts by disputing liability or downplaying injuries. In Texas, the at-fault driver’s insurer is typically responsible for covering your damages. However, insurers may use tactics such as delaying claims, offering low settlements, or disputing medical reports.
When dealing with insurance companies:
Avoid giving recorded statements without legal guidance.
Do not provide your full Social Security number to an adjuster.
Keep detailed records of all communication with the insurer.
A legal advocate can negotiate on your behalf to ensure you receive fair compensation.
Understanding Your Auto Insurance Policy
Texas law requires drivers to carry liability insurance with minimum coverage limits. Additional coverages, such as Personal Injury Protection (PIP) and uninsured/underinsured motorist coverage, can provide extra financial security. Reviewing your policy ensures you are adequately covered in case of an accident.
Steps to Take After a Car Accident
The moments following a car accident are crucial in protecting your health and legal rights.
Report the Accident – Call law enforcement to document the incident, especially if injuries or significant damages occurred. A police report serves as vital evidence.
Gather Evidence – Take photos of vehicle damage, road conditions, and visible injuries. Collect witness contact information if possible.
Seek Medical Attention – Even if you feel fine, injuries such as whiplash or internal trauma may not be immediately apparent. Prompt medical care creates an official record linking your injuries to the accident.
Avoid Admitting Fault – Do not discuss fault at the scene or with insurers. Stick to the facts when giving statements.
Consult a Legal Professional – Navigating the claims process can be complex, especially when dealing with commercial vehicle accidents. Legal representation can help maximize your compensation.
Workers’ Compensation for Job-Related Car Accidents
If you were injured in a car accident while performing work-related duties, you may be eligible for Workers’ Compensation benefits. Texas employers are not required to provide Workers’ Compensation, but those that do offer coverage for medical expenses and lost wages. Unlike personal injury claims, Workers’ Compensation does not require proving fault.
If your employer does not carry Workers’ Compensation, you may still have a legal claim against the at-fault driver or company.
Protecting Your Right to Compensation
To strengthen your claim:
Follow your doctor’s treatment plan and attend all medical appointments.
Keep a journal of your injuries, pain levels, and emotional struggles.
Avoid discussing your case on social media, as insurers may use your posts against you.
The Importance of a Free Consultation With Abraham Watkins
Recovery after a catastrophic car accident, especially one involving a commercial vehicle, is overwhelming. A free consultation with Abraham Watkins offers clarity on your legal options. Ask questions, understand your rights, and learn how we can help you seek justice. This meeting provides valuable insight and peace of mind.
We believe in accessible legal representation. Our contingency-based approach means you pay nothing unless we win your case. This no-win, no-fee policy reflects our confidence in securing fair outcomes for our clients.
As Texas’s oldest personal injury firm, Abraham Watkins combines a legacy of success with dedicated advocacy, especially for those affected by severe accidents.
Our Approach to Handling Insurance Companies
Negotiating with insurance companies is a skill our firm has mastered over the years. We advise our clients not to settle for the first offer; instead, we engage in strategic negotiations to ensure the settlement reflects the true value of your claim. Our track record speaks for itself, with settlements often far exceeding initial offers and even policy limits, a testament to our dedication and experience.
Our approach includes:
- overcoming insurance companies’ defense strategies that aim to reduce your compensation;
- managing client communications with insurers to prevent any misuse of statements that could devalue the claim; and
- meticulously preparing a demand letter that outlines liability, injuries, treatment, financial losses, and expected settlement, ensuring clear communication of the claimant’s position to the insurance company.
With an experienced legal team, filing a claim with the at-fault driver’s insurance company becomes a process characterized by careful negotiation and protection of the client’s rights.
Litigation Support When Necessary
At Abraham Watkins, we specifically handle catastrophic accidents and collisions with commercial vehicles, offering the following services:
- representing clients in litigation for trials specifically related to severe accidents involving commercial vehicles;
- advocating for clients to ensure they are not pressured into accepting settlements that undervalue the impact of their catastrophic injuries;
- pursuing jury verdicts that fully acknowledge the extensive damages our clients have endured in commercial vehicle accidents; and
- navigating the intricacies of litigation that arise from catastrophic accidents involving commercial vehicles.
When you partner with Abraham Watkins, you gain the assurance of having a team of seasoned lawyers who are deeply experienced in the unique challenges of catastrophic commercial vehicle accident claims, and committed to fighting for the compensation you rightfully deserve.
Take Action Today
If you’ve been injured in a car accident, acting quickly is essential. Texas law imposes deadlines for filing claims, and delays can harm your case. Abraham Watkins is dedicated to helping car accident victims secure the compensation they deserve. Call us at 713-222-7211 to discuss your case with a team that will stand by your side every step of the way
Frequently Asked Questions
Are there limits to the compensation amounts for car accident lawsuits in Texas?
In Texas, car accident lawsuits do not face any legal maximums regarding the amount of economic or non-economic damages that may be pursued.
How long after a car accident can you claim injury in Texas?
You can claim injury after a car accident in Texas within two years of the incident. This is the statute of limitations for personal injury claims in the state.
Can I still recover compensation if I was partially at fault for the accident in Texas?
Yes, you can still recover compensation if you were partially at fault for the accident, thanks to Texas’s modified comparative fault rule. If you are found to be less than 51% responsible for the accident, you may still be eligible for compensation. However, your compensation will be reduced by the percentage of fault attributed to you. For instance, if you are awarded $100,000 in damages but are found to be 30% at fault, you would receive $70,000.
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