Every motorist in Texas should do their best to abide by state traffic laws. Motorists need to have a valid driver’s license and current insurance, and they need to follow the applicable traffic rules. Those who break traffic laws may end up getting a citation for their transgressions, or even worse, causing an accident that injures other drivers, passengers or bystanders.
Despite the existence of robust rules in place to minimize traffic collisions, crashes still occur with great regularity in Texas. Personal injury lawsuits, including wrongful death claims, are permissible under Texas state law when one party causes injury to another as a result of negligence or misconduct.
Although personal injury lawsuits can sometimes be settled without going to court, they can result in litigation when the victim isn’t offered full and fair compensation for their injuries. There are often two primary reasons why personal injury cases end up in court.
The negligent party doesn’t have enough insurance coverage available
Most people involved in crashes expect that they can file an insurance claim to repair their vehicles and cover their medical expenses, but there are some people who have to go pursue a lawsuit because insurance won’t cover their expenses. Some motorists in Texas don’t have any coverage at all, meaning that the people affected by the crash have no other options other than court.
Other times, drivers carry what the state requires for insurance, but that often isn’t enough because a victim’s injury costs are so high. Some Texas drivers have just $25,000 in property damage coverage and as little as $30,000 to pay for medical costs in a crash where one person gets hurt. Many civil lawsuits after collisions occur because basic insurance is insufficient to meet someone’s needs.
The victim suffers severe injuries or loses a loved one
Insurance coverage often isn’t enough if a crash leads to severe consequences. Extremely violent collisions can lead to paralysis, brain injury, amputation or death. The costs of these crashes could add up being in the hundreds of thousands or even millions of dollars, forcing people to take the at-fault driver to court, as there may be no other feasible means of recovering the costs generated by the wreck.
In scenarios where someone dies, a wrongful death lawsuit can also provide a sense of closure and justice to the surviving family members who must weather the untimely and unnecessary loss of their loved one. Discussing a crash with a personal injury attorney can help those affected by a Texas collision determine what options they may have available for financial compensation.