Tyler, TX: Understanding Your Rights After a Crippling Two-Vehicle Crash

A car accident can change your life in an instant. In 2022 alone, Tyler, Texas, experienced over 2,100 car accidents, nearly six per day within the city limits. If you’ve been involved in a serious two-vehicle crash in Tyler, understanding your rights is crucial to protecting your future. This guide provides essential information on navigating the aftermath of a crippling car accident, ensuring you’re equipped to make informed decisions and seek the compensation you deserve.

What to Do Immediately After a Car Accident in Tyler

The moments following a car accident are critical. Here’s a step-by-step guide to protect your health and legal rights:

Ensure Safety and Call 911: Check yourself and your passengers for injuries. If anyone is hurt, or if there is significant property damage, call 911 immediately.
Report the Accident: In Texas, you are legally required to report any accident that causes injury, death, or significant property damage. The police will create a report detailing the accident’s location, involved parties, and circumstances. This report can serve as crucial evidence if you decide to pursue a claim.
Gather Information: If you are physically able, collect information from the other driver, including their name, insurance information, and driver’s license number. Also, get contact information from any witnesses at the scene.
Document the Scene: If possible, take photos and/or videos of the vehicles, the accident scene, and any visible injuries.
Seek Medical Attention: Even if you feel fine, it’s crucial to seek medical attention as soon as possible. Some injuries, like whiplash or internal bleeding, may not be immediately apparent. A doctor will document your condition, which is essential for both your recovery and any potential personal injury claim.
Notify Your Insurance Company: Inform your insurance company that an accident occurred. However, do NOT give a recorded statement or admit fault to anyone, including your own insurance company.
Contact a Personal Injury Attorney: Consulting with a Tyler personal injury lawyer is crucial to understand your rights and options.

Common Injuries in Two-Vehicle Crashes

Two-vehicle crashes can result in a wide range of injuries, some of which can be debilitating. Here are some of the most common:

Traumatic Brain Injuries (TBIs): A jolt or blow to the head during a car accident can lead to a TBI, ranging from mild concussions to severe injuries that result in permanent brain damage. Symptoms can include headaches, confusion, memory loss, and mood changes.
Spinal Cord Injuries: Car accidents are among the leading causes of spinal cord injuries, which can result in partial or complete paralysis.
Whiplash and Soft Tissue Injuries: Rear-end and side-impact crashes often result in whiplash and other soft tissue injuries. These injuries may not be immediately obvious but can lead to persistent pain and mobility issues.
Fractures and Broken Bones: The force of an automobile collision can result in fractured bones, commonly affecting the arms, legs, ribs, and pelvis.
Internal Injuries: Damage to organs, internal bleeding, or ruptured blood vessels can often go unnoticed in the immediate aftermath of an accident. These injuries are life-threatening and require urgent medical attention.

Understanding Your Legal Rights in Texas

Texas is an “at-fault” state, meaning that the person who caused the accident is responsible for paying for the damages. If you’ve been injured in a two-vehicle crash due to someone else’s negligence, you have the right to seek compensation for your losses.

Proving Negligence

To successfully pursue a personal injury claim, you must prove that the other driver was negligent. Negligence is the failure to exercise reasonable care, which results in harm to another person. To prove negligence, you must establish the following:

Duty of Care: The other driver had a legal duty to drive safely and follow traffic laws.
Breach of Duty: The other driver breached this duty by acting carelessly or violating traffic laws (e.g., speeding, distracted driving, drunk driving).
Causation: The other driver’s actions directly caused the accident and your injuries.
Damages: You suffered damages as a result of the accident, such as medical expenses, lost wages, and pain and suffering.

Comparative Negligence

Texas follows a modified comparative negligence rule, which means you can recover compensation even if you were partially at fault for the accident, provided you are not more than 50% responsible. However, your damages will be reduced by your percentage of fault.

Example: If you are found to be 20% at fault for the accident, and your total damages are \$10,000, you will only be able to recover \$8,000.

Compensation Available

If you’ve been injured in a car accident due to another driver’s negligence, you may be entitled to compensation for the following damages:

Medical Expenses: Past and future medical bills related to your injuries.
Lost Wages: Lost income due to being unable to work.
Property Damage: Costs to repair or replace your vehicle.
Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish.
Punitive Damages: In some cases, punitive damages may be awarded to punish the at-fault driver for egregious conduct.

Dealing with Insurance Companies

Insurance companies are businesses, and their goal is to minimize payouts. It is important to remember that insurance companies often try to minimize the amount of compensation you deserve. Here are some tips for dealing with insurance companies after a car accident:

Do not give a recorded statement: Insurance companies may request a recorded statement, but you are not obligated to provide one.
Do not accept the first offer: The insurance company’s initial offer is often lower than what your claim is worth.
Consult with an attorney: An experienced personal injury attorney can handle communication with the insurance company and negotiate a fair settlement on your behalf.

Statute of Limitations

In Texas, the statute of limitations for personal injury and property damage claims arising from a car accident is generally two years from the date of the accident. This means you must file a lawsuit within two years of the accident, or you will lose your right to seek compensation.

Exception: If someone dies from accident-related injuries, the two-year period typically begins from the date of death, not the accident itself.

Why You Need a Tyler Personal Injury Lawyer

Navigating the legal complexities of a car accident claim can be overwhelming, especially while you’re recovering from injuries. A Tyler personal injury lawyer can provide invaluable assistance by:

Investigating the accident: Gathering evidence, interviewing witnesses, and reconstructing the accident scene.
Evaluating your damages: Assessing the full extent of your losses, including medical expenses, lost wages, and pain and suffering.
Negotiating with the insurance company: Protecting your rights and negotiating a fair settlement.
Filing a lawsuit: Representing you in court if a settlement cannot be reached.

Don’t Wait, Protect Your Rights Today!

If you or a loved one has been involved in a crippling two-vehicle crash in Tyler, TX, understanding your rights is the first step toward recovery. Contact a qualified Tyler personal injury lawyer today to discuss your case and explore your legal options. Remember, you don’t have to face this challenging time alone.