T-Boned in Texas? Know Your Legal Rights

If you’ve recently been involved in a T-bone accident in Texas, the aftermath can be overwhelming. Whether you’ve suffered physical injuries or experienced significant vehicle damage, it’s important to understand your legal rights and options. Texas is a fault-based insurance state, which means that the driver responsible for the crash is typically liable for the damages. This article will provide you with a comprehensive guide on what steps to take following a T-bone accident, your rights as an accident victim, and how a car accident attorney Houston can assist you in recovering the compensation you deserve.

What is a T-Bone Accident?

A T-bone accident occurs when one vehicle strikes the side of another at a perpendicular angle, forming a “T” shape. These types of accidents often happen at intersections when one driver fails to yield the right of way or runs a red light. The impact on the side of the vehicle can cause severe damage to both the car and its occupants, as there is less protection on the sides compared to the front or rear of a vehicle.

Steps to Take After a T-Bone Accident

If you’ve been T-boned in Texas, there are several critical steps you must take immediately to ensure your safety, protect your legal rights, and support any future compensation claims.

1. Call 911 and Seek Medical Attention: Even minor injuries can worsen; documenting your injuries at the scene is critical for a personal injury claim (Tex. Transp. Code §550.022 requires reporting accidents involving injury or property damage).
   
2. Ensure Safety at the Scene: Move to a safe location if you’re able to do so, without leaving the accident site. Turn on your hazard lights to alert other drivers of the crash.
   
3. Exchange Information: Collect contact details from the other driver(s), including:
   
   • Full name
     
   • Insurance policy number
     
   • Driver’s license and vehicle registration number
     
   • Contact details for any witnesses
     
4. Document the Scene: Take photographs of the damage to all vehicles involved, the location of the accident, traffic signs, and any relevant road conditions. The more evidence you have, the stronger your claim will be.
   
5. File a Police Report: For accidents with injury, death, or significant property damage, filing a report is essential evidence for claims (Tex. Transp. Code §550.062).

Statute of Limitations

In Texas, you have two years from the date of the accident to file a personal injury claim under Tex. Civ. Prac. & Rem. Code §16.003. If you fail to file within this time frame, you may lose your right to seek compensation for your injuries. This is why it’s crucial to contact a Houston accident lawyer as soon as possible after a T-bone accident to ensure that your claim is filed on time.

Texas Fault Laws

Texas operates under a fault-based insurance system. This means that the person responsible for the accident is legally required to pay for the damages through their insurance policy. In a T-bone accident, if the other driver is at fault, their insurance should cover your medical expenses, vehicle repairs, and other related costs.

Modified Comparative Negligence

Texas follows the modified comparative negligence rule. This means that if you are found partially at fault for the accident, your ability to recover damages may be limited. If you are 50% or less at fault, you can still file a claim for damages, but the amount you are awarded will be reduced by your percentage of fault. If you are more than 50% at fault, you will not be able to recover compensation.

For example, if the other driver ran a red light but you were speeding, your percentage of fault may be adjusted accordingly. It’s essential to have a skilled car accident attorney Houston on your side to ensure that liability is properly determined.

Insurance Coverage

If you’ve been involved in a T-bone accident in Texas, you’ll likely need to file a claim with the at-fault driver’s insurance company. However, what happens if the other driver is uninsured or underinsured? Fortunately, Texas law provides several coverage options to help protect you:

1. Collision Coverage: If the other driver is uninsured or doesn’t have sufficient insurance, your own collision coverage can help pay for repairs to your vehicle, regardless of fault.
   
2. Personal Injury Protection (PIP): Required by Texas law (Tex. Ins. Code §1952.101), PIP covers medical bills and lost wages, even if partially at fault.
   
3. Uninsured/Underinsured Motorist (UM/UIM) Coverage: If the other driver is uninsured or their insurance doesn’t cover all the damages, you can file a claim under your own UM/UIM coverage. This type of coverage is crucial in cases where the at-fault driver lacks sufficient insurance.
   
4. Liability Insurance: If the other driver is at fault, their liability insurance should cover your property damage and medical expenses. However, if their policy limits are insufficient, your own uninsured/underinsured motorist coverage may come into play.

Filing a Claim for a T-Bone Accident

Once the immediate aftermath is handled, the next step is filing a claim with the insurance company. Here’s what to keep in mind when pursuing compensation for a T-bone accident in Texas:

1. Report the Accident Promptly: Notify your insurance company about the accident as soon as possible. Failing to do so could result in complications or delays in your claim.
   
2. Working with the At-Fault Driver’s Insurance: If the other driver is clearly at fault, you should file a claim with their insurance company. Be sure to provide all relevant documentation, including the police report, witness statements, and photos of the accident scene.
   
3. What Happens If Your Claim is Denied or Delayed?: If the insurance company denies your claim or offers a low settlement, you may need to take legal action. Having an experienced car accident lawyer Houston can help you navigate this process and ensure that your rights are protected.
   
4. Negotiating a Settlement: Insurance companies often attempt to settle quickly to minimize their payout. A lawyer can help negotiate a fair settlement that covers all your damages, including medical bills, vehicle repairs, lost wages, and pain and suffering.
   

When to Consult a Lawyer

If you’ve been involved in a T-bone accident in Texas, you may be wondering if you need to hire a lawyer. Here are several reasons why you should consider working with a Houston accident lawyer:

1. Complex Liability Issues: Determining fault in a T-bone accident can be complicated, especially if both drivers share some responsibility. A lawyer can investigate the crash and gather evidence to prove who was at fault.
   
2. Injuries and Medical Bills: If you’ve suffered injuries in the accident, you may face significant medical expenses, including hospital bills, physical therapy, and prescription medications. A lawyer can help you pursue compensation for these costs.
   
3. Dealing with Insurance Companies: Insurance companies are often more interested in protecting their profits than ensuring fair compensation for accident victims. A lawyer can handle negotiations with the insurer on your behalf to ensure you get the compensation you deserve.
   
4. Personal Injury Lawsuits: If the insurance company fails to offer a fair settlement or if the driver at fault is uninsured, you may need to file a personal injury lawsuit. A lawyer can represent you in court and fight for the compensation you deserve.
   

Secure Experienced Legal Help

Being T-boned in Texas can lead to serious injuries and significant financial losses. Understanding your legal rights and the steps to take after an accident is crucial to ensuring you receive fair compensation. If you’ve been involved in a T-bone accident, a Houston accident lawyer at Law Office of Keivan S. Romero can help you navigate the complexities of Texas law and fight for your rights. Don’t wait, contact us today to discuss your case and learn how we can help you recover compensation for medical bills, lost income, and pain and suffering.