Car Accidents Attorneys in Amarillo, Texas

Life can change in the blink of an eye when a car accident occurs. During these times of uncertainty, you need to know what steps to take to protect your rights to obtain maximum compensation while recovering from your injuries.

If you were involved in a car accident or your loved one was killed in a road crash, you might want to understand your options for compensation. Our car accident attorneys at Tormey & McConnell are here to offer you the skilled representation you need to face all your uncertainties while navigating a personal injury or wrongful death claim. From our office in Amarillo, Texas, our attorneys serve accident victims and their families in Pampa, Canyon, Borger, Dumas, Hereford, Childress, and surrounding areas.

Liability for Car Accidents in Texas

Texas follows the traditional fault-based system when it comes to determining liability for car accidents. Under the law, the person responsible for the crash is held liable for the damages and losses resulting from their conduct. When recovering damages after a car accident in Texas, an injured party has three options:

1. Filing a third-party claim against the at-fault driver’s insurance provider. It is the most common option in at-fault states such as Texas.

2. Filing a lawsuit against the at-fault driver. This may be a viable option when the at-fault driver’s insurance is not sufficient to cover the injured party’s claim in full.

3. Filing a first-party claim with your own insurance company. However, this is an option only if you have certain types of coverage.

Generally, the personal injury claims process begins with the victim filing a claim against the at-fault driver’s insurance company. Then, if the at-fault driver’s insurance is not enough to cover the victim’s damages, they can pursue a lawsuit to recover additional compensation.

Texas Insurance Requirements

Every state has its own insurance requirements for motorists who operate motor vehicles on public roads. Every motorist in Texas must be able to show proof that they have minimum insurance coverage in compliance with state law. According to the Texas Department of Insurance, the minimum insurance coverage required in the state includes:

• $30,000 in liability coverage per person

• $60,000 in liability coverage per accident

• $25,000 in property damage coverage

Shortly after your car crash, you will get a call from the insurer. When communicating with an insurance agent, you may be under the impression that the insurer is on your side. However, do not be fooled by the insurance company’s tactics. Consider contacting an experienced car accident attorney before speaking with the insurance company to protect your rights. Getting advice from skilled lawyers helps you as you strive to get the compensation to which you’re entitled. 

State Laws Addressing

Personal Injury Claims

There are several state laws that may limit your ability to file a personal injury claim and/or recover maximum compensation. The following are some of the most important laws that might impact your injury claim in Texas:

• Statute of limitations. State law sets forth the maximum amount of time you can have to initiate legal action and recover damages. The amount of time is known as the statute of limitations. In Texas, accident victims have two years to file a personal injury lawsuit. If they miss the deadline, they lose their right to sue and seek compensation through a lawsuit.

• Comparative fault. Texas adheres to the modified comparative fault doctrine. Under the doctrine, the injured party’s recoverable damages may be reduced by their percentage of fault if their own negligence played a role in causing the accident. However, if the victim is 51% or more at fault for the crash, they will be barred from collecting any damages.

Consider contacting a knowledgeable car accident attorney at Tormey & McConnell to learn more about the laws that might impact your ability to file a claim and pursue compensation in your particular situation.

Filing a Wrongful Death Claim

When a person is killed because of someone else’s negligent or wrongful act, the deceased individual’s family members may be eligible to pursue financial recovery through a wrongful death lawsuit. While no amount of compensation would be enough to replace your loved one, a wrongful death claim can give you a much-needed sense of justice and closure.

However, not all family members are eligible to file a wrongful death claim after a loved one’s death under Texas law. State law prohibits anyone who is not the deceased person’s surviving spouse, child, or parent from pursuing a wrongful death lawsuit. Eligible family members can file a wrongful death claim individually or jointly.