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Can I Sue After My Car Accident? Who Can be Held Liable?

According to the Texas Department of Transportation, a reportable car crash occurs in the state about once every minute. If you are wondering, “Can I Sue After My Car Accident? Who Can Be Held Liable?” then it may be time to reach out to a San Antonio auto injury lawyer. Speaking with a qualified attorney will aid in determining your next course of action. San Antonio residents can find ample legal assistance from the offices of Carabin Shaw.

Understanding Insurance

It is required by law for San Antonio drivers to have car insurance. Texas is an “at fault” state, which means that the insurance agents will need to determine who is at fault before insurance can cover any damages. Typically, the responsible party’s insurance will cover the cost of damages. After an accident, you will need to file a claim with either your or the other driver’s insurance agent, depending on who is at fault. Things become complicated if the responsible driver does not have insurance, or if their insurance is not sufficient enough to cover all damages. An attorney may help in determining fault, helping with a denied claim, or provide expert advice. Consider looking up, “car accident lawyer near me,” to find appropriate and professional legal help.

Determining Liability

Liability refers to investigating who is primarily at fault or responsible for the accident. Insurance agents typically determine fault with the assistance of police reports, state laws, and damage. Usually, the driver who demonstrates the most negligence of state and local laws is responsible for the accident. They are obligated to cover damages once the fault has been decided. If both parties are liable, then Texas institutes a Comparative Negligence Rule. So, let’s say you were 40% responsible for the accident, and your damages cost $100,000. Under this rule, you would only be subject to pay $40,000. Court cases usually refer to this rule as a guideline, so it is important to connect with a San Antonio auto injury lawyer if your case goes to court. A lawyer will advocate on your behalf with the goal of lowering your costs.

Suing for Damages

You may be able to sue the at-fault driver for damages. Damages equate to the amount of compensation you deserve. It is imperative to keep all documents related to the accident. A lawyer may be able to help you select what to sue over, for example:

  • Property damage
  • Personal injury
  • Pain and suffering
  • Lost wages and benefits

Keep note of any bills you receive during this time. If you are serious about suing, then you need to speak with a San Antonio auto accident lawyer immediately. It is important that you file within the statute of limitations, which is 2 years from the accident. You will be unable to pursue legal action once two years from the accident date has passed.

What to Do Now

The next step is to speak to an attorney about your legal options. The decision to sue is a big one, so it is important to understand the process. If you want to know, “Can I Sue After My Car Accident? Who Can Be Held Liable?” then it is essential to speak to a San Antonio auto injury lawyer. Finding legal aid is easy: look up “car accident lawyer near me,” and you’ll find the offices of Carabin Shaw. We have offices located all over Texas and we can guarantee accessible and professional legal assistance. Work with a local San Antonio auto accident lawyer on your case today. Call us at 260-222-2288 or Toll-Free at 800-862-1260.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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We are very glad we called Carabin Shaw after our accident. We now recommend them to everyone. - Griselda S.
You want Carabin Shaw on your side after an accident. They were excellent. - Valerie S.
In our opinion, no one is better, Carabin Shaw is the Law Firm you want on your side after an accident. - Amanda G.
The attorneys and staff went out of their way to help us after our accident. Thank you Carabin Shaw. - Melinda F.
We did our research after our accident and chose Carabin Shaw. They were great. Highly recommend. Joel Y.