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Auto accidents are a major problem in Texas.  According to the Texas Department of Transportation, based upon reportable crashes on Texas roadways in 2016:

  • 1 person was killed every 2 hours 20 minutes
  • 1 person was injured every 1 minutes 59 seconds
  • 1 reportable crash occurred every 57 seconds

There were 3,773 deaths in Texas from auto accidents in 2016, which was an increase of 5.45% from the 3,578 deaths in 2015.   There were also 17,582 people who sustained serious injuries in Texas in 2016 from auto collisions.

Many of these collisions result from the carelessness or negligence of drivers, such as driving too fast for the road conditions or failing to pay proper attention.
The law may also impose punitive or exemplary damages against the at-fault driver for malicious or grossly negligent conduct. To be liable for gross negligence, the driver must have disregarded a high risk of causing substantial harm to others. Although excessive speed by itself may not show gross negligence, excessive speed combined with other factors—such as speeding in heavy road congestion, with brakes known to be defective, or on a narrow residential street, or driving while intoxicated may be sufficient to prove gross negligence.

See also Drowsy or fatigued driving

Auto Manufacturers Responsiblility in an Accident

In certain cases, factors unrelated to a driver’s conduct can cause a car accident. Under the law of product liability, an automobile manufacturer, supplier, or dealer may be responsible for injuries caused by a defective or unsafe part in the automobile.  If a mechanic fails to properly repair a vehicle, and the failure causes an accident, the negligent mechanic and his repair shop may be liable for injuries sustained in the accident. Other factors such as poorly maintained or badly designed roads, or malfunctioning traffic control signals, can contribute to causing a traffic accident.

At the Law Offices of Alexander M. Gurevich, we will investigate every contributing cause of an auto accident to ensure that you receive full compensation for your injuries.  We will also deal with the insurance company, so that you can concentrate on your medical treatment and the recovery from your injuries. If necessary, we can also help you find an appropriate medical specialist to provide treatment. We may be able to arrange for your medical care providers to wait for payment until your case is resolved.

Insurance Coverage for Auto Accidents

Texas law (Tex. Transp. Code § 601.051) requires motor vehicles in the state to be covered by insurance or other proof of financial responsibility. Effective January 1, 2011, the required minimum amounts of motor vehicle liability insurance coverage required by Tex. Transp. Code § 601.072 were raised to:

  • $30,000 for bodily injury to or death of one person in one auto accident
  • $60,000 for bodily injury to or death of two or more persons in one auto accident
  • $25,000 for damage to or destruction of property of others in one auto accident

We will investigate all possible insurance coverage. Applicable insurance coverage may include:

  • Liability insurance: The liability portion of an insurance policy pays for defending and settling negligence claims made against the insured. If you are injured due to someone’s negligence, we will make a claim under the bodily injury liability coverage of the negligent individual’s insurance policy.
  • Medical Payments (Med-Pay) and Personal Injury Protection (PIP) Coverage: You can purchase optional automobile insurance that provides coverage if you or your passengers are hurt in an accident, regardless of whose fault caused the auto accident. If you or your passengers are hurt in an auto accident, you could look to your Med-Pay coverage for the payment of your medical bills and the PIP coverage for payment of medical expenses, lost wages, and other economic loss caused by your injury.
  • Uninsured and Underinsured Motorist Benefits: Two other related types of voluntary coverage are uninsured and underinsured motorist benefits. We will make claims against these types of coverage if you are hurt by a negligent driver who illegally fails to carry the required minimum amount of liability insurance coverage or has coverage that is inadequate to compensate you for your harms and losses.
  • Collision Coverage: Collision coverage is voluntary coverage that provides for the repair or replacement of your own vehicle after an  auto accident, regardless of fault. If your car is damaged in an accident, you must prove negligence against a defendant to recover under the defendant’s property liability insurance coverage. You do not need to prove fault to recover under your own policy’s collision coverage. However, your collision coverage likely requires a deductible.

Determining which insurance coverage should pay for your injuries can be very complicated when several drivers and policies are involved.

Call for a Free Consultation

If you or a loved one has been a victim of an auto accident (whether you were a driver, passenger, or pedestrian), call the Law Offices of Alexander M. Gurevich at (713) 224-9600. Your initial consultation is free of charge, and if we agree to accept your case, we work on a contingent fee basis. This means you pay for our services only if you receive a monetary award or recovery of funds.
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