Do You Have to Go to Court for a Car Accident in Texas?

Most car accident cases don’t see their way into a courtroom. Instead, they are usually resolved by filing an insurance claim with the at-fault driver’s insurance company. Only a small percentage of personal injury cases are tried. However, some situations that may make it more likely that your case will go to court include the following:

Liability Isn’t Clear

Texas is an at-fault state for car accidents. This means that the party found at fault for the accident is responsible for paying for the damages that they cause. However, it is not always clear who is at fault for the accident, especially if the accident involved more than two drivers.

Your lawyer may conduct an investigation to gather evidence to prove the other driver’s fault, such as:

• Accident reports in which the responding officer cited the other driver for violating a traffic rule
• Witness statements indicating that the other did something wrong to cause the accident
• Video footage from traffic cameras, dash cams, or surveillance cameras that show how the accident occurred
• Accident scene photos detailing skid marks and the damage to vehicles
• Testimony from accident reconstruction experts

Experienced personal injury lawyers in San Antonio know how to present this type of evidence effectively.

You Are Being Blamed for the Accident

If the other party involved is blaming you for the accident, they could actually sue you, which would require you to go to court. Alternatively, if the other party is trying to blame you for part of the accident, it may be necessary to go to court to have a judge or jury decide each party’s proportionate share of the accident.

Texas uses a modified comparative negligence system when an accident victim contributed to their own injuries. Under this system, you cannot recover any compensation if you are found to be more than 50% at fault for the accident. If you’re found to be less at fault than this threshold, you can recover compensation, but your compensation is reduced proportionately by your degree of fault.

There Are Disagreements About Your Damages

Insurance companies love to pay less than is fair in claims. This protects their stockholders’ profits. Your car accident lawyer fights for your fair recovery, which could include compensation for:

• Current, past, and future medical expenses
• Physical therapy and rehabilitation
• Lost wages
• Reduced earning capacity
• Costs to replace household services while you recover

If your personal injury lawyer and the insurance company cannot reach an agreement for a fair settlement, your lawyer might recommend taking your case to court to pursue the full value of your claim.

The Insurance Company Has Denied Your Claim

If the insurance company refuses to pay anything for your claim and wrongfully denies it, your only choice may be to sue in court.

Contact an Experienced Car Accident Lawyer for Help

If someone else’s negligence caused your injuries, you deserve fair compensation. An experienced San Antonio car accident attorney from The Aguirre Law Firm can demand the compensation that you deserve, initially through an insurance claim. If that doesn’t work, we can consider taking your case to court. Contact us today for a free consultation.