How Does Insurance Determine Car Accident Blame?

Nobody wants to be involved in a car accident, but the reality is that such incidents occur frequently. In Texas, there were more than 540,000 total car accidents during the latest reporting year, according to the state Department of Transportation. These crashes led to more than 250,000 injuries and 3,639 total fatalities. In the aftermath of a car accident, victims will turn to their insurance carriers to recover compensation for injuries and property damage. However, many people wonder how an insurance carrier determines who was at fault for the car accident.

What information do insurance carriers use?

Following a car accident in Texas, all parties involved will submit claims to their respective insurance companies. They will report on what happened in the incident, and their insurance carrier will initiate the investigation. After a car accident, it is essential to determine who is at fault because the at-fault driver’s insurance carrier will be on the line for property damage and injury expenses. You can be sure every insurance carrier involved will do what it can to limit the amount it pays in a settlement. They will conduct a thorough investigation of all the evidence to determine liability. Insurance carriers will:

• Gather all evidence from the scene of the crash, including police reports, video and photo surveillance, eyewitness statements, and any other information.

• Speak to every party involved in the incident to get their version of events.

• Closely scrutinize every medical record related to the incident.

• Thoroughly review any estimates of property damage.

Texas comparative negligence laws

In many cases, more than one driver is at fault for a car accident. This does not mean that nobody will receive compensation. Texas operates under a modified comparative negligence system. This means that any party who is less than 51% at fault in a crash is entitled to recover compensation for damages. However, the amount of compensation a person receives will be reduced based on their percentage of fault for the accident. For example, suppose an insurance carrier awards $10,000 in damages to a car accident victim but determines that the person was 10% responsible for the crash. In that case, the victim will receive a total of $9,000 in compensation. Comparative negligence laws often pit insurance carriers against one another, attempting to shift the blame away from their respective policyholders. A skilled Texas car accident attorney is frequently required to navigate these insurance claims.

What type of compensation is available?

There are various types of compensation available to victims of car accidents. While no two accidents are the same, it is not uncommon for the following types of compensation to be awarded after a crash:

• coverage of all medical bills related to the incident

• compensation for lost wages and benefits if a person cannot work while they recover

• compensation for pain and suffering damages that resulted from the injuries

In cases where the at-fault driver was grossly negligent or intentionally caused a motor vehicle accident, punitive damages may be awarded to punish the person responsible and prevent them from operating in such a manner in the future. The total amount of compensation awarded in a car accident case varies depending on several factors related to the accident, including the severity of the injuries, the total amount of property damage, the extent of pain and suffering endured by the victim, and other relevant factors.

Do You Have To Report A Car Accident In Texas?

Getting into a car accident can be a scary experience, and the aftermath can be incredibly confusing. Whether you have suffered serious injuries in a crash or only sustained minor property damage, it is essential to understand the reporting requirements of Texas laws regarding car accidents. A car accident report is often a valuable part of the process for securing compensation for injury and damage expenses.

How common are car accidents?

There is no denying that car accidents in Texas are a common occurrence. According to the Texas Department of Transportation, there were 543,537 total crashes during the most recent reporting year for which data is available. Out of these incidents, there were 3,639 total fatalities and approximately 250,000 injuries reported. While most car accidents led to only minor injuries or property damage, nearly every accident in Texas requires reporting.

Texas reporting laws

Texas law is clear about when a car accident report is required. Texas Transportation Code §550.062 requires any law enforcement officer to complete the Peace Officer’s Crash Report (CR-3) if a motor vehicle crash results in injury or death of a person or damage to any property worth more than $1,000.If a police officer fills out a crash report, anyone involved in the incident does not have to fill out a crash report of their own. The officer is required to submit the report to the DOT. While it may be tempting not to report an incident to the police if it seems like there is only minor property damage, it is a good idea to call the police to the scene to document the incident and determine who was at fault. Even minor property damage could easily result in damages exceeding $1,000.Failing to report an accident in Texas that resulted in an injury or property damage of more than $1,000 is punishable with jail time, a fine of up to $5,000, or both.

What if the accident was minor?

Again, you should seriously consider calling law enforcement to the scene of any accident and let them determine the severity. However, many people involved in minor incidents do not contact the police, only to realize that the damage was more than $1,000 or that medical treatment was needed for an injury. In these cases, an alternative crash report should be filled out. This is known as a CR-2 Crash Report (Blue Form) and should be kept for your records. Previously, this form had to be filed directly with the Texas Department of Transportation, but a 2017 law changed that requirement. However, a CR-2 should still be filled out within 10 days of the accident to increase the likelihood that everything in the report is accurate. This incident can still help when filing a claim with your insurance carrier for any injuries or property damage.

Comparative fault in Texas

Many drivers involved in an accident do not file reports or call the police because they think they were at least partially at fault for the incident and cannot receive compensation. In Texas, a modified comparative negligence system is in place. This means that a person can still recover compensation after an accident, even if they were partially at fault for the incident. Any party that is less than 51% responsible for a car accident can recover compensation, though their final settlement will be reduced based on their percentage of fault.

Mike Love & Associates Sponsor Alzheimer's Walk to Remember

More than 5 million Americans are affected by Alzheimer's Disease and there are more than 16 million caregivers helping them every day.  Several of the staff members of our firm have relatives fighting this horrible disease and wanted to form a team.Mike Love and Associates was the presenting sponsor for a movie night in downtown Lufkin, by renting the historic Pines Theatre and showing the movie Steel Magnolia's.  The evening including a selfie booth and opportunities to donate included a raffle, and a wine pull.  The event was well attended and raised $1,100.Our law firm put together a team of employees, family, and friends that walked the day of the event with 17 members.  This year the local walk had over 80 teams with 585 participants and the event raised a total of $55,000. This is the first year the law firm has had a team but next year we look forward to more walkers and increasing our fundraising goal.

18-Wheeler Involved in Fatal Crash on FM 1669

Image of an 18-wheeler on the highway.

The Texas Department of Public Safety is still investigating a fatality crash that occurred on May 15th on FM 1669 just north of Huntington. Initial reports state that an 18 Wheeler carrying oil field equipment lost control of an unsecured load, causing the heavy equipment to strike a pickup truck being driven by Jeremy Johnson, 38, of Mineral Wells.  Tragically, Mr. Johnson was pronounced dead at the scene by Angelina County Justice of the Peace Pat Grimes Grubbs.

Sadly, this is another example of a preventable crash taking a life on Texas roadways. Contrary to what many may think, most professional trucking companies and their drivers are true professionals who follow the rules, take their work seriously, and prioritize safety. Unfortunately, when trucking companies don’t follow the rules and don’t put safety first, the results can be catastrophic.

In trucking crash litigation, this is what attorneys refer to as a “systems failure crash” because the root cause of the crash occurred long before the actual crash.  In this case, for example, multiple trucking industry safety rules must have been violated to allow the collision to occur.  There are specific rules regarding how loads must be secured before being transported on the highway, including the type and strength of straps and/or chains, as well as the manner in which they are secured.  The truck, trailer, and load must be rechecked before the car enters the highway. Depending on the type of load, the driver may be required to stop after the first 15 minutes of driving to recheck the load.  

Trucking companies are required to train their drivers on these safety rules and put procedures in place to make sure the drivers understand and follow all safety “rules of the road”.  According to initial reports, the oilfield equipment being transported was “unsecured”. When trucking companies ignore established safety rules, training, and procedures, the results can be devastating and tragic.

What Are Common Delayed Car Accident Symptoms?

Man grimaces in pain as he holds his lower back.

It is important to seek medical attention after a car accident. Even though you may not be experiencing noticeable or immediate symptoms, you should seek medical clearance from a doctor. During and after an accident, your body may experience an adrenaline rush, which can mask the sensation of injury symptoms. Delayed car accident injuries could occur in the days or weeks after an accident.

Common delayed injury symptoms could include:

• Headaches. A headache could be a sign of a concussion or whiplash.

• Localized pain and stiffness. Localized pain, such as back or neck pain, may be a symptom of a larger problem, including whiplash or a herniated disc injury. You could have a soft tissue injury.

• Emotional injuries. It is possible to develop post-traumatic stress disorder (PTSD) after a car accident. Changes in mood or behavior could be a result of your car accident.

Do I Need to Seek Medical Attention After a Car Accident?

If you are experiencing any symptoms after an accident, you should see a medical professional.  You should continue to see a doctor until your symptoms stop. Depending on the circumstances, your symptoms could be a serious health concern.

In addition, when you try to file a claim with your insurance company, they will use your medical history to assess your injury claim. If you do not have a medical history after your accident, the insurance company may try to claim that your car accident injuries were not severe enough to seek medical attention.

Contact a Lufkin Car Accident Attorney Today

When you or someone you love has been injured in a car accident caused by the negligence of another driver or entity, we recommend that you contact a car accident attorney as soon as possible to discuss your situation.
At Mike Love & Associates, LLC, our Lufkin attorneys advocate for the victims of car accidents throughout Texas. We could help you gather evidence, file your claim, and defend you against the insurance companies. Call us today at (936) 632-2000 for a free, confidential consultation.