Accident
Definition
An accident is an unplanned, unexpected event that results in injury, property damage, or harm to a person. In personal injury law, accidents form the foundation of most claims—they are the triggering events that lead to someone seeking compensation for their losses. While the word “accident” implies no one intended for the harm to occur, it does not mean no one is responsible. Legal liability often arises when an accident happens because someone failed to act with reasonable care.
How It’s Used in Personal Injury Cases
In personal injury claims, the term “accident” appears throughout the entire legal process—from the initial police report and medical records to insurance claims and court filings. When you report an incident to an insurance company, they open an “accident claim.” Medical providers document your injuries as resulting from a specific “accident date.” Attorneys use the details of the accident to establish what happened, who was at fault, and what damages you suffered as a result.
It’s important to understand that not every accident qualifies for a personal injury claim. To pursue compensation, you generally must show that another party’s negligence—their failure to exercise reasonable care—caused or contributed to the accident. Simply being involved in an accident does not automatically entitle you to compensation; there must be fault on someone else’s part.
Practical Example
Imagine you are driving through a Houston intersection when another driver runs a red light and crashes into your vehicle. This collision is an accident—you did not plan for it to happen, and it caused you harm. However, because the other driver violated traffic laws and failed to stop, they bear responsibility for the accident. According to Texas Transportation Code § 544.007, drivers must obey traffic signals, and a violation that causes injury can establish fault. You could file a claim against their insurance to recover compensation for your medical bills, lost wages, vehicle repairs, and pain and suffering.
Why It Matters to Your Case
How an accident is documented and described can significantly impact your claim’s outcome. Insurance adjusters scrutinize accident reports, witness statements, and physical evidence to determine fault and evaluate the severity of your injuries. If details are recorded inaccurately—or if you admit fault at the scene—it can weaken your case and reduce your potential recovery. This is why it’s critical to document the accident thoroughly, seek immediate medical attention, and avoid making statements that could be used against you later.
Additionally, Texas follows a modified comparative fault rule, meaning your compensation may be reduced by your percentage of fault in the accident. If you are found to be more than 50% responsible, you may be barred from recovering anything at all.
Key Takeaway
An accident is the starting point of any personal injury claim, but proving that someone else’s negligence caused that accident is what allows you to recover compensation. How the accident is documented and who is found at fault will directly affect the value of your case.