Q: Can I still file an injury claim if I violated Texas traffic laws during my car accident in Houston?
Whether or not you can file an injury claim if you violated Texas traffic laws during your car accident depends on a number of factors.
Texas is a comparative negligence state, which means that the insurance company or court can determine how much of the accident was your fault, and reduce your settlement accordingly. It would be beneficial for a Houston car accident attorney to represent you in these types of cases because the defendant may often times twist the story to place more blame on you.
For example, the courts often find that a person making a left hand turn is at fault for an auto accident involving a vehicle that is travelling straight from the other direction. In many cases, this would be a violation of traffic laws; however, if the other driver was speeding or running a red light, your portion of the blame can be reduced.
After investigating your claim, the insurance company or court will assign a percentage of your liability. For example, if you are considered to be 30% responsible for the car accident- even if you violated the law--your settlement could be reduced from $10,000 to $7,000. However, if it is found that the majority of the fault lies with you, the insurance company may reject your personal injury claim.
When attempting to prove fault in an injury claim, it is important to have an experienced attorney on your side. Your attorney can gather evidence to help your case and even negotiate with the insurance companies on your behalf.
Contact a Houston Car Accident Attorney
Don't be afraid to file an injury claim just because you violated a traffic law. Attorney Steve Young has helped a number of clients recover damages for their accident injuries. For a free consultation on your case, please call 713-921-4171 or 800-232-3711 today.