Cedar Park Car Accident Lawyer
A car accident claim in Texas turns on two questions: who was responsible, and what did the collision actually cost you. The insurance company starts answering both within days, usually before you have finished treatment.
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Do you have a car accident claim in Texas?
You have a claim when another driver owed you a duty of care, broke it, and caused you a measurable harm. Every driver on US 183, RM 620 or Parmer Lane owes everyone else the duty to drive as a reasonably careful person would. Running a red light, following too closely, drifting out of a lane while texting, and turning left across traffic all breach that duty.
The breach alone is not enough. A claim also requires proof that the collision caused the injury, and proof of what the injury cost. Insurers contest causation more often than fault, usually by pointing at a pre-existing condition or a gap between the crash and the first medical visit.
How Texas divides fault when both drivers made mistakes
Texas applies proportionate responsibility under section 33.001 of the Civil Practice and Remedies Code. A jury assigns each party a percentage. An injured driver who is 50 percent or less responsible recovers damages reduced by that percentage. A driver found 51 percent or more responsible recovers nothing.
That rule is why an adjuster asks for a recorded statement early, and why an apology at the scene turns into an argument months later. The Valentine Law Firm handles that contact so a casual remark does not become a percentage.
What insurance actually covers after a Texas crash
Texas requires drivers to carry at least 30,000 dollars per injured person, 60,000 dollars per crash, and 25,000 dollars for property damage. Those are minimums, and a serious injury exhausts them quickly.
When the at-fault driver carries only the minimum, or carries nothing, uninsured and underinsured motorist coverage on your own policy becomes the real source of recovery. Texas requires insurers to offer UM and UIM coverage, and it applies only if you did not reject it in writing. Checking your own declarations page is often the single most useful thing done in the first week of a claim.
The evidence that decides a car accident case
The Texas Peace Officer's Crash Report records the investigating officer's opinion of contributing factors, but it is not binding and it is sometimes wrong. Independent evidence matters more: scene photographs, vehicle damage patterns, event data recorder downloads, nearby business or doorbell video, and witnesses who have not yet been contacted by the other side.
Video is the evidence most often lost. Many systems overwrite within days. A preservation letter sent early is frequently the difference between a disputed case and a clear one.
How long you have to file
Section 16.003 gives you two years from the date of the crash to file suit for personal injury. A claim against a governmental unit, such as a city or county vehicle, can require written notice within months, and some city charters shorten that further. Treat two years as the outer limit rather than the plan.
What decides what a car accident claim is worth
Nobody can price a claim honestly at the first phone call, and a firm that quotes a figure then is guessing. Value is driven by the severity and permanence of the injury, the total medical cost including care still to come, income lost and earning capacity reduced, how clear the liability evidence is, and how much insurance coverage exists.
Coverage is frequently the real ceiling. Where the at-fault driver carries Texas minimum limits, that is what the claim can reach from them regardless of how badly you were hurt, which is why identifying every available policy, including your own uninsured and underinsured coverage, changes outcomes more than negotiation does.
What happens after you call
The first conversation establishes what happened, what injuries there are, and whether there is a claim worth pursuing. If there is not, the firm says so.
From there the firm notifies the insurers so the calls stop coming to you, obtains the crash report, sends preservation demands for any nearby camera footage, and starts collecting medical records and bills as treatment proceeds. A demand goes out once treating doctors can say whether the injury is permanent, because a claim settled before that point is settled on a guess. If the insurer will not pay fairly, suit is filed inside the two year deadline.
What this kind of claim can recover
| Damage | What it covers | Proved with |
|---|---|---|
| Medical expenses | Treatment received and care still needed | Billing records, treating physician testimony |
| Lost earnings | Wages lost during recovery | Payroll records, employer statement |
| Lost earning capacity | Reduced ability to earn in future | Vocational and economic expert testimony |
| Physical pain | Pain endured and reasonably expected | Medical records, testimony |
| Mental anguish | Emotional harm beyond ordinary upset | Testimony, treatment records |
| Physical impairment | Loss of activities you did before | Testimony, functional assessment |
| Property damage | Vehicle repair or actual cash value | Repair estimates, valuation |
| Exemplary damages | Gross negligence, such as drunk driving | Clear and convincing evidence, capped by section 41.008 |
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Related practice areas
Injury claims overlap. These are the areas most often connected to this one.
Truck Accidents
A collision with an 18 wheeler is not a bigger car accident.
Learn moreMotorcycle Accidents
Motorcycle claims are decided twice: once on the facts, and once against the assumption that the rider must have been speeding.
Learn moreRideshare Accidents
After an Uber or Lyft collision the first question is not who was at fault.
Learn moreWrongful Death
Texas gives specific family members the right to bring a wrongful death claim, and gives the estate a separate claim of its own.
Learn more
Who handles car accidents at the firm
Shanna Valentine
Attorney
St. Thomas University School of Law, Miami, Florida
Mike Ely
Attorney
George Washington University Law School, 2002
Nick Reed
Attorney
St. Thomas University School of Law, Miami. Dual JD and MBA, with honors.
Frequently asked questions
Talk to a lawyer first. You are generally required to cooperate with your own insurer, but not with the other driver's. An adjuster records the statement to find admissions and inconsistencies that reduce what the insurer pays, and the recording is used long after you have forgotten what you said.
Uninsured motorist coverage on your own policy may cover the claim. Texas insurers must offer UM and UIM coverage, and it applies unless you rejected it in writing. A UM claim is made against your own insurer, which becomes an adversary once money is at stake.
Two years from the date of the collision, under section 16.003 of the Texas Civil Practice and Remedies Code. Claims involving a governmental unit can require formal written notice far sooner, sometimes within months.
Yes, if you are found 50 percent or less responsible. Your recovery is reduced by your percentage of fault. At 51 percent or more you recover nothing, which is why insurers work hard to shift responsibility onto the injured driver.
See a doctor. Soft tissue injuries and concussions commonly present days later, and a gap between the crash and the first visit is the argument an insurer uses to say the collision did not cause the injury.
No honest answer exists at the first phone call. Value depends on the severity and permanence of the injury, total medical costs, lost income, the strength of the liability evidence, and the insurance coverage available. Coverage is often the real ceiling, because a policy limit caps what an insurer will pay however strong the claim.
The firm works on a contingency fee, so there is no payment to start and no fee unless the firm recovers money. Case expenses such as records retrieval and, in disputed cases, reconstruction, are advanced by the firm rather than billed to you as they arise.
Find out where your claim stands
A free consultation covers what your claim requires, what the deadline is, and what insurance coverage is actually available.
Contingency fee. You pay nothing unless we win.