Standing Up For Texas Injury Victims

Understanding potential personal injury claims in work-related car accidents

On Behalf of | Nov 29, 2024 | Personal injury

Have you ever wondered what would happen if you got into a car accident while working in Dallas? Whether you’re a delivery driver, a salesperson visiting a client or using your personal vehicle for work, knowing your legal protections is crucial.

Work-related car accidents happen more often than you might think. Knowing how to get fair compensation can make a big difference if you’re in this tricky situation.

Know your rights

When you’re in a work-related car accident in Texas, you might have both personal injury and workers’ compensation claims. Remember these key points:

  • Your employer’s workers’ compensation insurance may cover your healthcare costs and some lost wages
  • You may file a claim against the other driver for personal injury

These factors can greatly affect your claim and possible compensation. Workers’ compensation insurance, which most Texas employers must have, is a crucial factor. This insurance typically covers you even when driving for work. However, you may also have other ways to seek compensation beyond workers’ compensation.

What counts as work-related?

You might find it challenging to determine if your accident qualifies as work-related. Several common scenarios may qualify:

  • Driving between job sites
  • Running work errands
  • Traveling for business

It’s important to note that each situation needs careful evaluation. Texas law includes the “dual purpose doctrine,” where trips serving both personal and business purposes may count as work-related.

The “coming and going” rule usually excludes your regular commutes from workers’ compensation. However, exceptions exist. For instance, if your employer specifically required you to drive to a client’s office, this might be considered work-related travel.

Managing the claims process

Acting swiftly after a work-related car accident in Dallas is essential. Here are the key steps to take:

  • Seek immediate medical attention
  • Report the accident to your employer and the police
  • Document everything, including photos and witness statements
  • Consult a personal injury attorney familiar with Texas law

Keep in mind that Texas operates under the “modified comparative fault” doctrine that permits compensation for partly responsible parties, but only if their fault is 50% or less.

When personal and professional overlap

If you have an accident during personal errands in work hours or while using your own car for work, your personal injury claim might become complicated. The line between work-related and personal activities can blur. This could potentially affect your right to compensation.

Consider consulting an attorney experienced in Texas personal injury cases. They can help you address this challenging situation and pursue compensation for injuries, lost wages and other damages.