Being hurt in an Arlington car accident is beyond distressing. You are likely dealing with physical pain from your injuries, emotional trauma from the incident, stress over the financial ramifications, and fear for the future. Even thinking about filing a car accident claim can be overwhelming since it’s a legal undertaking.
While you may not have filed a car accident claim before, try not to worry. You have legal options, and help is available. An Arlington car accident lawyer’s job is to guide car accident victims through the process of recovering financial compensation for their accidents. Working with Domingo Garcia could make a difference in your case.
How does the Car Accident Claim Process in Arlington Work?
After being in a car accident, you may be wondering what steps to take and how the car accident claim process works in Texas. The claim process begins with an investigation of your car accident. For example, if police arrived at the scene of your accident, they would have conducted interviews with witnesses and taken pictures of the car accident scene.
You can also gather evidence that helps your case, and your attorney can do the same. When all the evidence is gathered, it can be used to prove a car accident claim. If someone caused your car accident, they can be held accountable for your injuries, suffering, and financial damages. That’s because Texas is an “at-fault state.” This means the person who caused the car accident is responsible for paying for damages.
Your Arlington car accident lawyer can gather all the evidence and submit it with your claim. A car accident claim is filed with the at-fault party’s insurance company. Sometimes, more than one party is responsible for a car accident. More than one insurance company could be required to compensate you.
Do I Have to Go to Court for a Car Accident?
In some instances, a car accident lawyer will take a car accident case to court. This means they file a lawsuit. There are many reasons they might take a case to court.
Here are a few reasons:
- If the at-fault party’s insurance company is refusing to compensate you fairly
- If the at-fault party’s insurance company is denying your claim
- If the case is complex, multiple parties are involved, or the case is a “mass tort.” A mass tort is when many people have been injured and are pursuing compensation together against the at-fault party. This could happen in a negligent manufacturing case where a vehicle defect caused many car accidents.
- When your attorney thinks that going to court is the best path for you
- When you want to take your case to court to bring about changes to laws or make a point
You do not have to fear going to court for a car accident. Lawsuits are rare, but your lawyer would prepare you for court if it were required. They would walk you through every step in the court process, so you would not need to worry.
Understanding the Process if a Car Accident Case Goes to Court
Many car accident victims believe they must go to court to receive compensation for an accident. This is rarely the case. However, it is possible for a case to go to trial.
If your car accident case needs to go to trial, you don’t need to worry. Your car accident attorney will help you understand the trial process from start to finish. You would be prepared for each court appearance and each step of the process.
The basic process is outlined below:
- The lawsuit is filed in court, beginning the process.
- Initial hearings would take place to establish the facts of the case and allow communication to flow between the involved parties.
- A trial date would be set.
- At trial, opening statements begin the trial followed by the presentation of evidence and witnesses. Both sides have the right to cross-examination of witnesses. Closing statements follow, then jury or judge deliberations. A verdict is decided, followed by an award of damages if the victim wins the case.
Do car accident victims have to speak in court? Not always, but it’s certainly a possibility. As the car accident victim, you are a witness to the accident. Your story could play an important role in the trial. Your Arlington car accident lawyer can help you get ready to be a witness.
Does the Cause of My Arlington Car Wreck Matter?
The cause of your car accident can play a significant role in your case. The cause points to who is liable for damages. For example, if your vehicle collision was caused by a drunk driver, the drunk driver would be the liable party, and their insurance company would be on the hook for paying out on a claim.
Another example: Let’s say your accident was caused by a defective tire that blew out while you were driving at high speeds. The tire’s manufacturer would probably be responsible for paying out on your car accident claim. It’s important to understand the cause so the liable party can be held to account for everything you experienced.
A few more examples of what could cause a vehicle collision in Arlington:
- Road Construction – When road construction crews are negligent, they could cause vehicle collisions. For instance, failing to properly mark road construction could cause a driver to get confused and drive into oncoming traffic.
- Reckless Drivers – Drivers can cause accidents in a number of ways: speeding, driving distracted, driving drunk, or violating traffic laws.
- Dangerous Roads – The government can be liable for a car accident if the roads were not safe for drivers. For example, broken traffic lights, poorly marked lanes, steep shoulder embankments, overgrown hedges, or poor signage can lead to collisions.
- Defective Vehicle Parts – Vehicles and their parts can be poorly manufactured, leading to accidents, serious injuries, and even wrongful death. The manufacturing company could be liable for accidents involving faulty auto parts.
Types of Vehicles Accidents
Many different issues can lead to auto wrecks in Arlington. For instance, rainy roads can result in a rear-end collision. However, the vast majority of car accidents are caused by human error. For instance, a driver engaging in distracted driving is more likely to cause a rear-end collision.
Below are some different types of car accidents:
Rear-End Collisions – This type of accident is when one driver strikes another from behind. This type of accident is frequently thought of as a “fender bender” and mild, but that’s not always true. Some fender benders can be serious, resulting in severe injuries and losses.
Head-On Crashes – When two vehicles traveling toward each other collide, this is known as a head-on collision. This type of accident can cause catastrophic injuries and even wrongful death due to the high-force impact.
Sideswipe Collisions – When vehicles collide on the side, this is called a sideswipe. This type of crash can result in damage to the vehicle, injuries, and other issues.
Multi-Car Collisions – An accident involving multiple vehicles is known as a multi-car accident. These accidents can be serious and complex, resulting in many victims, significant damages, property damage, traffic delays, and more.
Single-Car Accidents – An accident involving only one car is a single- or one-car accident. An example of this accident type is when a vehicle strikes a tree. This accident is thought to be the fault of the driver, but that’s not always the case. For instance, if a faulty tire blows out, causing the driver to lose control, the tire manufacturer could be the liable party.
T-Bone Accident – A T-bone accident is when one car’s front strikes another car on the side like a “T.” This type of accident can occur at intersections or four-way stops, for example. Serious injuries can result from this type of accident, and airbags don’t always deploy.
What Are Car Accident Damages?
Car accidents result in many problems for victims. From disfiguring injuries and lingering physical pain to financial losses and vehicle damage, a life can be seriously impacted by an accident. According to Texas law, accident victims have a right to be compensated for all the damages associated with accidents that were not their fault.
Even minor collisions cause damages for victims, such as vehicle repairs and missed time from work. Major crashes in Arlington can result in disabilities, totaled vehicles, overwhelming medical bills, and lasting mental trauma. Your car accident claim could result in compensation that allows you to feel whole again after your accident. You could receive the money you need to repair your vehicle, pay your medical bills, or—in the case of permanent injury—provide the income needed to live.
Here is a list of damages that could be compensated through a vehicle accident claim or lawsuit:
- Pain and suffering – This is compensation for the physical pain and suffering your car accident caused you. Some victims even deal with chronic pain that can last for years.
- Mental distress and treatment – The car accident itself can cause severe mental trauma, fear, anxiety, and an inability to enjoy your life. Some victims have trouble getting back into a vehicle, and this mental stress can severely impact a person’s happiness.
- Medical bills – Injuries must be treated, and medical care isn’t free. Serious injuries can result in ongoing medical treatment, which can be financially crippling.
- Cost of vehicle repairs or replacement – When a car is involved in a wreck, it could cost thousands of dollars to repair it. Some vehicles can’t be repaired and have to be replaced. These costs can be huge hurdles for victims. Some have trouble with transportation if they can’t afford to repair or replace their vehicles immediately.
- Lost income – When you are seriously injured, you may not be able to return to work right away. This causes a huge financial burden for you. How will you pay your bills or buy groceries?
- Lost ability to earn an income – Some injuries are so serious that it’s impossible to return to work. The inability to work should be factored into your car accident claim or lawsuit.
- Scarring and disfigurement – Some injuries result in disfiguring scars that cause self-esteem issues, mental and emotional distress, and an inability to fully enjoy your life as you once did.
- Rehabilitation costs – You may require rehabilitation services to regain your full physical health. These services don’t come cheap.
- Lost life enjoyment – The loss of the life you once had should not be taken lightly. Some car accidents cause so many negative issues for victims that they no longer get to experience life as they once did. They can be compensated for this limited lifestyle.
How Can Our Arlington Auto Accident Lawyer Help?
A vehicle accident lawyer has the job of helping people after they’ve been hurt in car accidents. Because the process of obtaining compensation for your accident is a legal one, a lawyer can help. They know Texas car accident laws and can guide you through the legal process, taking a lot of stress off your plate.
An Arlington car accident lawyer from Domingo Garcia:
- Investigates your car accident, helping you determine what caused your accident and who might be legally responsible for paying for the damages.
- Can gather crucial evidence needed to prove your car accident claim. For instance, they can interview witnesses, obtain police and traffic reports, and help you collect financial statements to prove your losses.
- Helps you understand all your legal options so you can make informed decisions
- Can take your case to court if that’s the best option for you
- Handles car accident claim paperwork, filing paperwork with insurance companies or with the court as require
- Communicates with auto insurance companies on your behalf
- Watches out for your best interests at all times
- Helps you seek compensation through the legal process of filing a claim or lawsuit
You do not have to handle a car accident case on your own. Our Arlington car accident lawyer can make the process easier for you. Keep in mind you have a limited amount of time to file a car accident lawsuit in Texas. Texas law allows auto wreck victims up to two years to file a suit (Texas Civil Practice and Remedies Code § 16.003).
Car Accident Injuries: Do They Impact Your Case?
You may already know how serious car accident injuries can be. But whether they are minor or serious, they impact your case in a huge way. The injuries you sustained cause a negative impact to your life, and you can be compensated for them through the car accident claim process.
For example, even a minor injury such as a broken wrist could result in physical pain, emotional distress, lost time from work, expensive medical bills, and even permanent scarring or permanent injury. More severe injuries can lead to a greater amount of damages overall, which could raise the amount of compensation you would need to be made whole.
For instance, a traumatic brain injury caused by striking the head against the window during a collision could lead to permanent injury for some. It could result in memory loss, cognitive issues, personality and mood changes, balance and coordination problems, and more. Here are some car accident injuries and how these injuries can negatively impact a person’s life:
Spinal Cord Damage
Car accidents can cause damage to the spinal column, which can result in severe injuries, paralysis, and medical bills. You may be unable to work, and your life happiness could be altered.
Auto accidents commonly result in broken bones, including compound fractures. Some broken bones will heal, while others may not heal properly, resulting in lost mobility or permanent injury.
Pain from burn injuries can be extreme, and permanent scarring can also result. Burn injuries can also damage vital organs, skin tissue, muscle tissue, and cause disfiguring scars. Mental health and self-esteem can also be negatively affected.
Car accidents can lead to internal injuries, such as damage to vital organs and body systems. Your health can be permanently affected by internal injuries.
Cuts and Lacerations
Even cuts and lacerations can cause severe injuries, especially when they’re deep. Cuts can also become infected, causing other health issues.
You could sustain an eye injury during a vehicle collision, which can negatively impact your ability to enjoy life.
Can More Than One Party Be Liable for a Car Accident?
Car accidents can be complex with a number of circumstances colliding to create the perfect storm that leads to an accident. With complex cases, multiple parties could be involved in the accident, resulting in more than one liable party. Since Texas is a “fault state” when it comes to car accidents, the involved parties’ faults are all examined to determine liability.
For example, if you were involved in a five-car collision, every involved driver’s behavior would be analyzed to decide whether they hold some responsibility for the accident. Let’s say one person was driving intoxicated and crashed into another driver who was texting while driving and then crashed into another vehicle whose driver wasn’t wearing a seat belt. Each party made some serious mistakes that could impact the case.
Another example could be when a reckless driver who was speeding down a narrow lane crashes into another car because they couldn’t see around overgrown shrubbery on a highway. The reckless driver could be liable, but so could the government for failing to maintain the roadway.
We’ve Got You Covered
A car crash lawyer can examine the details of your case to help you determine what happened and who could be at fault. Once fault is assigned, compensation can be collected from the at-fault parties corresponding to the fault percentage assigned to each party.
Insurance Companies’ Role in Car Accident Claims
Car insurance was invented for a reason—to provide financial assistance in the event of a car accident. The insurance companies must follow the laws and rules set forth by Texas to ensure car accident victims are treated fairly, they are compensated as per their insurance policies, and they operate in good faith.
When a car accident occurs in Texas, the at-fault parties’ insurance companies are required to compensate injury victims up to the limits of the insurance policies. For instance, if you are injured in an accident caused by a negligent vehicle manufacturer, you can be compensated for your damages by the manufacturing company’s insurer. To receive compensation, though, an insurance claim must be filed.
The insurance claim must include evidence that proves fault as well as proof of the car accident victim’s injuries and damages. The insurance company is then required to pay out on a claim unless they challenge the claim’s validity. Most car accident cases can be handled through the insurance claim process.
If Your Case Goes to Court
If a lawsuit is filed in court, the case can still be settled before going to trial. If a case goes to trial and the victim wins, the insurance company can still be ordered to pay out compensation to the victim.
Communicating and negotiating with insurance companies can be a challenging process. If you have questions about dealing with car accident insurers, you can get more information from our firm that handles vehicle wreck cases.
Reach Out to Us Today About Your Tarrant County Case
We’re sorry you were hurt in a vehicle collision, and we understand how stressful the aftermath can be. You should know that legal help is out there, and an Arlington car accident lawyer from our firm can help. You can seek financial compensation through an injury claim and/or a lawsuit for what you’ve been through.
Domingo Garcia has been helping car accident victims for over 35 years. We have helped many clients recover compensation for their car accidents, including winning a 2.7 million dollar settlement for a commercial vehicle wreck. Get a free case consultation when you reach out to us. We will examine your vehicle wreck, help you understand your options, and fight for justice and fair compensation. You don’t have to go through this alone and shouldn’t have to.