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If you have been injured in a car accident, you might consider filing a legal claim to seek compensation. This guide is designed to provide insight into what to expect before, during, and after you file a Texas car accident lawsuit.
According to the most recent statistics, a reportable crash occurs on Texas roadways every 57 seconds. Many of those involve serious injury or substantial property damage. For example, the Texas Department of Transportation reported 15,764 vehicle accidents resulting in serious injuries in 2021.
Drivers must report accidents that cause serious injuries or significant property damage in Texas. The ensuing investigation establishes fault for the accident. The Federal Highway Administration defines serious injuries as those that result in one or more of the following conditions:
Texas is an at-fault state, so the driver who causes a crash is liable for resulting damages. Furthermore, Texas uses a system of modified comparative negligence. This means that more than one party can be held responsible for an accident, depending on the circumstances under which it occurs. As long as any one driver is more than 50% at fault, accident victims can seek compensation from him.
In addition to understanding at-fault rules, you must also fulfill certain responsibilities after a traffic accident in Texas. For example, you must stop, remain at the scene, and call for emergency assistance if an accident causes a severe injury or death. Failure to adhere to the transportation code could be considered a felony offense punishable by fines or imprisonment.
It is usually in the best interest of an insurance company to reach a settlement. For that reason, most car accident claims are settled before reaching court. However, you generally do not want to accept the first offer presented to you.
Always take time to speak with an experienced accident attorney before signing a settlement offer, no matter how much pressure. Remember that you cannot change your mind once you accept an offer. It is common practice for insurance companies to make unreasonably low initial offers. Despite insurance companies’ efforts at forcing a settlement, legal action is often necessary to receive fair compensation after a car accident.
Your attorney will advise you about statutes of limitations that apply to your case. In most instances, Chapter Sec. 16.003 of the Texas Civil Code allows two years from the date of an accident to file a personal injury or wrongful death claim. However, certain extenuating circumstances may allow you to seek damages beyond that limit. For example, the limitation period begins on the date of death in a wrongful death case, even if that date is months after the accident.
Additionally, if your claim involves an on-duty municipal employee, such as a bus driver, the statute of limitation is often significantly shorter than two years. These variabilities can be challenging to keep track of without familiarity with Texas laws. However, beginning legal proceedings as soon as possible can help you avoid a missed deadline and the opportunity to seek compensation to which you are entitled.
You can legally file a personal injury claim on your own in Texas. However, the complexities of the legal system, the importance of statutes of limitations, and the need to prove the other driver’s negligence can be overwhelming to someone without legal training and experience.
If you are considering filing a car accident lawsuit, it is usually a good idea to speak to an attorney first. Fielding Law offers free case evaluations to help you explore legal options. Then, if you decide to proceed with a lawsuit, you will know ahead of time what to expect and what is expected of you.
A legal claim goes through up to three stages before resolution: discovery, negotiations or mediation, and trial. Many legal claims are settled before going to trial. However, discovery and negotiations will almost always be part of the process.
Legal cases can vary significantly from one to the next. Therefore, it is usually not a good idea to make comparisons or generalizations. For example, a simple Texas car accident lawsuit could be settled out of court within a matter of weeks, while a very complex one might take several years to work its way through the court system. Most cases fall somewhere between those two extremes.
The plaintiff in a car accident lawsuit bears the burden of proof for showing that the other driver caused the accident. This often aligns with showing negligence, such as when an accident investigation uncovers that the driver ran a red light while texting and driving.
Proving negligence has several factors. First, drivers have a duty of care to drive safely and follow traffic laws. Negligence occurs when that duty is breached and results in an accident. Finally, you must show that you suffered damages due to the breach (i.e., the accident). Since driver fault is generally determined by an accident investigation, proving damages can be one of the most challenging parts of a lawsuit.
Because of Texas’ modified comparative fault rules, you may seek compensation from more than one at-fault party after a car accident. In this method, each named defendant is responsible for damages equal to their percentage of fault as determined by the accident investigation.
To illustrate this system, suppose you are involved in a car accident. The other driver is found to be 60% responsible, while you are held 40% responsible. In this case, because he bears more than 50% fault for the accident, you can seek compensation from the other driver.
You may seek one or more of the three main types of compensation awarded in Texas car accident lawsuits: economic, non-economic (emotional), and punitive. Experienced personal injury attorneys can help enumerate the value of injuries, damages, and suffering from an accident.
Economic damages are those that affect you financially. This often includes costs associated with lost wages, a loss of future income, property damages, and current and future medical bills for injuries sustaining an accident.
Non-economic damages put a dollar amount to emotional and psychological trauma resulting from car accidents. This amount is more difficult to arrive at since there is no concrete paper trail of bills or missing paychecks. It may include items such as pain and suffering, disfigurement, and reduced quality of life. An experienced accident attorney can help you determine what non-economic damages to seek.
Punitive damages are far less common than the other types. Rather than compensating victims, they serve to punish the at-fault person. They are sought in situations such as a car accident that happened as part of an additional crime.
You do not have to handle the aftermath of a traffic accident alone. If you are considering pursuing a car accident lawsuit, let the attorneys at Fielding Law guide you through the process. We’ll work hard to secure the compensation you deserve. Contact us to schedule your free, no-obligation case evaluation.