Compensate Pain And Suffering After A Minor Car Accident

Getting into a car accident of any kind is not on anyone’s list of things to do. However, we are aware that car accidents occur frequently in and around our area. According to the Texas Department of Transportation, there were around 250,000 people injured and 3,639 fatalities across the state in motor vehicle accidents during the latest reporting year. In most cases, victims of car accidents can recover compensation for their injuries and property damage in the aftermath of the incident. For severe accidents, victims are often able to recover compensation for physical, emotional, and psychological pain and suffering damages as well. However, you may wonder whether you can receive pain and suffering compensation for a minor car accident.

What is considered a minor car accident?

Determining exactly what constitutes a minor car accident can be relatively subjective. Sometimes, what many people consider a minor car accident can cause bothersome or even long-term injuries for those involved. For example, the following may occur:

• A fender bender causes the airbag to explode, leading to facial injuries.

• You are rear-ended and experience stiffness in your back or soreness in your neck.

• A loud and traumatic crash triggers headaches, anxiety, or trouble sleeping.

What is pain and suffering?

The term “pain and suffering” refers to both physical and emotional stress caused by the motor vehicle accident and injuries. There are two ways in which a person can recover compensation for their injuries and for any associated pain and suffering after a vehicle accident.

• By filing a claim with the at-fault party’s insurance carrier

• By filing a lawsuit against the at-fault driver directly through a civil court action

The amount of pain and suffering compensation that a person is awarded is generally directly tied to the severity of the injuries a person sustains. For example, a person who sustains a spinal cord injury and partial paralysis that affects their ability to enjoy their daily life activities will likely receive much more pain and suffering compensation than someone who sustains a sprained wrist and recovers within two weeks. However, many minor accidents can lead to serious injuries with long-lasting consequences for the victim. While a simple fender bender may look minor to a bystander, a passenger or victim could sustain whiplash injuries that lead to them being unable to work for a significant amount of time. Minor car accidents often lead to substantial injuries. To secure pain and suffering damages after a minor car accident, the victim will need to be able to prove that they indeed endured pain and suffering due to their injuries. With help from an attorney, a car accident victim can present evidence from doctors about the severity of their injury. They could work to show that they are unable to perform daily tasks or work activities due to their injuries. Testimony from family and friends may also be beneficial to help prove that your quality of life has changed due to the car accident injuries. If a car accident injury victim is unable to back up their claim that the injuries they sustained caused pain and suffering, they may receive little to no compensation at all. That is why it is essential to secure an attorney soon after an accident occurs to ensure you take all the appropriate steps to obtain maximum compensation for your car accident claim.

What Is The Minimum Car Insurance Required In Texas?

Getting into a car accident can be a scary and devastating experience. Not only do many car accident victims have injuries to deal with, but they also need to find a way to secure compensation for medical bills, lost income, and property damage. However, securing this compensation is not always easy. Dealing with insurance carriers can be notoriously tricky, and the insurance minimums required for Texas are relatively low.

What is the minimum required for car insurance in Texas?

In Texas, drivers are required to maintain specific insurance requirements. By law, drivers in Texas must maintain:

• Bodily Injury Liability: $30,000 per person and $60,000 per accident

• Property Damage Liability: $25,000

In Texas, Personal Injury Protection (PIP) and uninsured/underinsured motorist coverage are not required; however, drivers must decline these policies when they sign up for coverage with their insurance carrier.

Is this coverage enough for a car accident?

When we examine these minimums, it is clear that the coverage limits could be exhausted quickly. Perhaps for damage to a vehicle and other property damage, the $25,000 in property damage liability will be enough to pay for damage to one vehicle, but what happens when another car is involved? For injuries, the $30,000 per person for bodily liability injury coverage may be sufficient for minor injuries, but a serious injury will result in expenses rising far above that amount. Consider that the National Spinal Cord Injury Statistical Institute says that first-year medical costs for a spinal cord injury can range from $359,000 to more than $1.1 million.

The insurance carrier will only pay up to the limits

You need to understand that the insurance carriers involved will only pay up to the limits of the policyholder’s policy. If you are injured due to another person’s negligent actions and file a claim with their insurer, you will be at the mercy of their policy limits. For example, suppose you incur $40,000 in medical bills, but the person who caused your car accident only carries the minimum coverage required in Texas. In that case, you will only be awarded $30,000 in a settlement. Any amount exceeding that will need to be recovered through a personal injury lawsuit against the at-fault driver, which could result in a drawn-out court battle.

What are the most common injuries in Texas car accidents?

Most injuries that result from car accidents in Texas are relatively minor. However, that does not mean that they should not be taken seriously. Even a minor injury can result in significant medical bills. When you factor in the cost of an emergency medical transport and a few X-rays, medical costs can easily rise into the thousands of dollars. Now consider the following more serious injuries that commonly occur in a Texas car collision:

• Spinal cord injuries

• Whiplash injuries

• Traumatic brain injuries

• Concussions

• Broken and dislocated bones

• Severe lacerations

• Internal organ damage

• Internal bleeding

Each of these injuries requires not only emergency medical care but also often long-term recovery efforts such as surgery, physical therapy, and medications. These costs can quickly rise above the insurance minimums.

Should there be higher minimums for car insurance in Texas?

It can be argued that there should be higher car insurance minimums in Texas. Many states do have higher limits. Other states also often require uninsured/underinsured motorist coverage. In general, motorists should consider higher limits to ensure they are protected in the event a car accident occurs on the roadway.

The Law On Cell Phone Use While Driving In Texas

texas cell phone law

Distracted driving is hazardous for everybody on the roadway. As long as there have been vehicles, distracted driving has been a problem. However, as cell phones become increasingly a part of our lives, they also pose a growing danger on the roadway. One of the most commonly asked questions is – Is it illegal to talk on a cell phone while driving in Texas?

What Texas law says about talking on the phone while driving

According to state government statistics, one out of every five crashes involves driver distraction. Due to the increase in distracted driving caused by phones, in 2017, the Texas legislature passed a statewide ban on using any wireless communication device for electronic messaging while operating a motor vehicle. However, the law does not prohibit talking on a cell phone while driving in Texas. While the state legislature has debated mandating the use of hands-free devices when talking on the phone while driving in the state, it has not yet passed any laws regarding this issue. The only groups of people that are prohibited entirely from using wireless communication devices while driving are:

• drivers with learner’s permits

• drivers under the age of 18

• school bus operators, if children are present

• any driver operating in school zones

The 2017 law passed in Texas focused on prohibiting drivers from sending or receiving text messages, as well as reading or writing emails, while driving their vehicles. This is obviously a good step to take to curb distracted driving in the state, but does this law go far enough?

Texas distracted driving statistics.

According to the Texas Department of Transportation, there were approximately 250,000 people injured and 3,639 fatalities due to traffic accidents during the latest reporting year in the state. However, the Texas DOT also breaks down known crashes involving distracted drivers. During the same reporting year, there were 96,151 total distraction-related car crashes. Out of these incidents, there were:

• 398 fatalities

• 2,360 suspected serious injuries

• 12,954 non-incapacitating injuries

• 29,253 possible injuries

Injuries caused by distracted driving crashes are often severe. It is not uncommon for the following to occur due to a distracted driving incident:

• Traumatic brain injuries/head injuries

• Spinal cord injuries/paralysis

• Internal organ damage/internal bleeding

• Broken or dislocated bones

• Severe lacerations or amputations

Curbing distracted driving

According to the US Centers for Disease Control and Prevention (CDC), approximately nine people are killed and more than 1,000 are injured each day due to distracted driving incidents. The CDC defines distracted driving is anything that takes a person's attention away from operating the vehicle. According to the CDC, sending or receiving a text message regularly causes the person to take their eyes off the road for five seconds. When driving at 55 mph, that is enough time for the driver to cover the length of a football field. How many other vehicles, bicyclists, and pedestrians are put into danger during those five seconds the driver is not watching the roadway? Worse, with hundreds of cars on the roadway, how many other drivers are operating while distracted? Distracted driving laws are continually changing as state and local governments work to determine the best way to prevent unnecessary deaths on the roadway.

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.