Even if you are an experienced and careful driver, you have probably been in at least one fender-bender. It’s reasonably likely that you handled this claim without involving a car accident lawyer. This is a perfectly appropriate way to deal with the aftermath of a minor collision.
Following, however, are some scenarios and “red flags” that should indicate you need to contact an accident attorney.
Liability is Disputed
Liability is an open and shut case in many car accident scenarios. The other driver either admits fault or the evidence against them is so strong that any protest would be useless. For example, this might be the case if you were rear-ended by an intoxicated driver.
However, if liability is in dispute, you should consult an attorney. They can investigate your collision to gather evidence and determine who bears responsibility.
The Accident Resulted in a Wrongful Death
A Texas wrongful death claim arises when someone dies as a result of another party’s negligence or misconduct. The situation must be such that the victim could have sued for personal injury had they survived the accident.
Wrongful death claims can be complex. If you lost a loved one in a fatal crash, you should obtain legal representation to ensure you receive proper justice.
You’ve Sustained a Permanent Disability
If you suffered a permanent disability that will prevent you from returning to your previous occupation, you could still be suffering losses from your accident 40 years from now. Every missed paycheck could result in a new loss. That means you’ll have to accurately speculate your damages decades into the future or risk running out of money many years from now. That is precisely why you’ll need a lawyer.
The Crash Involved an Uninsured/Underinsured Motorist
If you experience an accident involving an uninsured or underinsured motorist, you’re going to need to search for additional sources of compensation. Perhaps you’ll find a second defendant you can hold liable for the accident. An auto accident attorney can help you with this problem.
You Were Injured in a Commercial Trucking Accident
Commercial truck accident cases can require significant expertise to resolve because:
- Trucking regulations are complex, and they are often critical to proving liability
- There might be several possible defendants – the driver, the trucking company, the truck maintenance company, etc.
On the bright side, commercial truckers are almost always very well-insured.
The Accident Involved a Hit-and-Run Driver
The problem with a hit-and-run accident in which the driver remains at large is that it is difficult to find someone to sue. A lawyer can help you investigate your claim, find alternative defendants, and perhaps locate the at-fault driver.
A Government Vehicle Was Involved
Suppose you suffer an injury caused by a mail truck. In that case, you’ll need to file a claim against the USPS. Special rules apply to lawsuits against the government.
You must first file an administrative claim following all procedural requirements. After that, the USPS has six months to review your claim. Only when they reject your claim, issue a counteroffer, or fail to respond within six months do you have the right to sue.
There are also restrictions on damages – you cannot sue for punitive damages, for example. Claims against Texas state and local entities work essentially the same way.
Your Accident Resulted From a Defective Car Part
A product liability claim arises if you suffer an injury caused by a defective product. That might mean a defectively manufactured toy, a defectively designed medical device, or a prescription drug that failed to mention that pregnant women should not take it.
For example, you might file a product liability claim after a car accident if your airbags failed due to a manufacturing defect. A car accident attorney with experience handling product liability matters should be able to help.
Poor Road Conditions Contributed To the Accident
Some accidents are nobody’s fault. An ice storm might cause black ice to accumulate on the roads, for example.
On the other hand, suppose the at-fault driver was driving carefully during an ice storm and lost control of their vehicle when they hit an unseen pothole. The accident might be partly the driver’s fault, but a government entity may share liability for unmaintained roads. You might need an accident attorney to prove it.
You Were Hurt in a Work-Related Car Accident
You are going to need compensation after a work-related accident for at least two reasons: your medical bills and your lost wages. If the accident was caused by you, your co-worker, or your employer, you typically cannot file a lawsuit. Instead, you should file a workers’ compensation claim if your employer has this coverage. However, workers’ comp offers only a fraction of the damages that personal injury claims do.
On the other hand, you might find a third party to blame. For example, you might have suffered an injury due to a dangerous condition on a construction site. This would make the site owner the third party, and it would pave the way for a personal injury claim against the owner for full damages.
You Need Help Calculating Your Non-Economic Damages
How much is your pain and suffering worth? $40 per day? $400 per day? How much is your emotional distress worth? It might all come down to the persuasiveness of your lawyer.
Non-economic damages are notoriously difficult to place a dollar value on, but experienced lawyers do it every day.
You Have a Pre-Existing Condition
Have you ever suffered another injury that is similar to a previous injury? If so, and if the insurance adjuster finds out about it, they will seize upon it. They will probably claim that your current injuries were caused not by your recent car accident but by whatever long-ago accident caused your earlier injury. As such, causation would be absent, and the insurance company would be off the hook. That is why you would need a lawyer.
Statute of Limitations Problems
The Texas statute of limitations is two years. However, there are exceptions to this rule, and this might result in some confusion over the deadline for filing your case. You absolutely cannot miss this deadline, or your claim will die. A Texas car accident lawyer can ensure you don’t make this kind of mistake.
You Need to File a Car Accident Lawsuit
Most car accident claims are settled. A few go to court, and even fewer go all the way to trial. Even if you still hope for a settlement, you might come to a point where you need to file a lawsuit.
For example, you may need to break a negotiating stalemate with the opposing party or beat the statute of limitations deadline. Lawsuits require a considerable amount of legal expertise to handle appropriately.
In a typical car accident scenario, just about the only thing that both sides can agree on is that it would be best to keep the case out of court. Settling your claim is usually easier, cheaper, and less stressful than going to court–especially a full-blown trial.
Schedule a Free Consultation With a Texas Car Accident Lawyer To Determine Whether You Need Representation
If you have questions or are unsure how to proceed after a collision, we are here to guide you. Schedule a free consultation with our Texas car accident attorneys to learn more about the claims process.