Being served with a lawsuit after a car accident can be overwhelming. The thought of navigating legal proceedings, potentially losing assets, and facing liability is enough to cause significant stress. However, understanding your rights and taking the proper steps can protect your financial future and help you build a solid defense.
In Texas, car accident lawsuits can arise even in seemingly minor collisions. Whether you are partially at fault or completely innocent, the process can be complex. Your car accident attorney from The Law Office of Paul Previte will walk you through what to do if you are sued for a car accident in Texas, how to protect yourself, and why seeking legal counsel is critical to resolving the case favorably.
Steps to Take When You’ve Been Sued
If you’ve been served with a lawsuit for a car accident, the clock is ticking. Taking immediate action is essential to avoid default judgments or other adverse outcomes. Follow these steps to protect yourself:
- Do not ignore the summons – Ignoring legal documents, such as a summons or complaint, will not make the problem go away. Failing to respond within the deadline, usually 20 days in Texas according to Texas Rules of Civil Procedure Rule 99, can result in a default judgment against you. This means the plaintiff could automatically win their case, and you could be held liable for damages.
- Contact an experienced attorney – A skilled Texas personal injury lawyer can evaluate your situation, explain your options, and craft a strong defense strategy. We will also be responsible for handling communications with the plaintiff’s attorney and insurance company, reducing your stress and ensuring your rights are protected.
- Notify your insurance company – Contact your insurance provider as soon as possible. They will likely assign an adjuster and possibly legal counsel to your case, depending on your policy. Provide all documentation related to the lawsuit, including the accident report, summons, and complaint.
Legal Defenses in Car Accident Lawsuits
When you are sued for a car accident in Texas, understanding your potential defenses is key to fighting back. Here are some of the most common legal defenses used in these cases:
- Comparative negligence – Texas follows a modified comparative negligence rule, meaning you can only be held liable if you are more than 50% at fault for the accident per Tex. Civ. Pract. & Proc. Code § 33.001. If the plaintiff shares any fault, their compensation may be reduced proportionally.
- Disputing liability – If the plaintiff claims you caused the accident, your defense may argue that you were not at fault or that another party contributed to the crash.
- Insufficient evidence – We may challenge the evidence presented by the plaintiff, such as disputing the accuracy of witness testimony or questioning the validity of their damages claim.
Gathering Evidence and Documentation
A strong defense relies on compelling evidence. We will help you gather and present critical documentation, such as:
- Police reports.
- Official accident reports can establish the facts of the collision and provide evidence of fault or contributing factors.
- Witness statements and expert testimony.
- Eyewitness accounts can corroborate your version of events and challenge the plaintiff’s claims.
- Medical records and repair estimates.
Understanding the Texas Court Process for Car Accident Cases
Navigating the Texas court system can be intimidating, but knowing what to expect can ease the process. Here’s an overview of the typical stages:
- Pre-trial phase – This phase includes filing a response to the lawsuit, engaging in discovery (sharing evidence), and possibly participating in mediation to reach a settlement.
- Trial phase – If the case proceeds to court, both sides will present evidence, call witnesses, and argue their case. A judge or jury will then determine liability and damages.
- Post-trial phase – After a verdict is reached, either party may appeal the decision or work to enforce the judgment.
Texas Car Accident FAQ
What happens if I ignore the lawsuit?
Ignoring a car accident lawsuit can result in a default judgment, where the court automatically rules in favor of the plaintiff. This means you could be held responsible for paying damages without having the chance to defend yourself.
Will my insurance cover the lawsuit?
Your insurance policy may cover the claim up to your policy limits, depending on the nature of the accident and your coverage. Any amount beyond your policy limits may become your personal responsibility.
Can I be sued even if I wasn’t at fault?
Yes, you can still be named in a lawsuit, even if you believe you weren’t at fault. An attorney can help you dispute the claims and demonstrate your lack of liability.
Protect Your Rights With a Skilled Texas Car Accident Lawyer Today
Facing a car accident lawsuit in Texas can feel overwhelming, but you do not have to figure out the legal nuances on your own. Your trusted car accident lawyer from The Law Office of Paul Previte can guide you through the legal process, protect your rights, and fight for the best possible outcome in your case.
With decades of trial experience and a commitment to client advocacy, our firm is here to provide the support you need during this challenging time. Contact us today to schedule a free, no-obligation consultation and learn more about your legal options. Call us or complete our online contact form to get started on your defense strategy today.
