What type of injury have you suffered?
Car Accident
- Car Accident
- Head Injury
- Premises Liability
- Products Liability
- Truck Accident
- Wrongful Death
Car Accident
HABLAMOS ESPAÑOL
(877) 880-4090
If you suffer an injury in a car accident, understanding Texas car accident law can help you protect your right to compensation and better your chances of receiving a fair settlement. Consider how the laws below may impact your case and how a car accident attorney can help you understand the legal process designed to hold negligent drivers accountable for their actions.
Civil court carries out the laws that govern personal injuries, also known as torts, caused by negligence or malicious intent, and car accidents are the most common form of tort claims. When you file a claim against the at-fault driver from your accident, there are three laws you should understand. The statute of limitations and reporting requirements apply to every case. The comparative negligence rule does not apply to all, but if necessary for your claim, it can significantly impact your compensation.
The statute of limitations is a timeframe during which a person can file a lawsuit against the at-fault driver from their accident. For example, in Texas, you generally have two years from the date the crash occurred to file. After the period expires, the court will likely dismiss any attempt to sue. The specifics of statutes of limitations for car accident lawsuits include:
Under certain circumstances, the court may pause the clock on the deadline for a wrongful death suit for up to one year. If you miss the deadline for filing any personal injury lawsuit, you can expect the defendant to draw attention to this issue before the court.
Every state determines what laws will govern personal injury cases involving shared fault. For example, Texas car accident law applies the modified comparative negligence rule to determine eligibility for compensation and how to distribute an award for damages when both parties play a role in causing the accident.
When you file a claim against the other driver, you can typically anticipate a response claiming you are either all or partially liable for the accident and resulting damages. Suppose the court determines you are partly responsible. In that case, the modified comparative negligence rule states that they must assign a percentage of fault to each party.
Under the modified version of comparative negligence, the plaintiff cannot be more than 50% responsible for the accident to recover damages. In practice, suppose the jury determines the total value of your economic and non-economic losses is $200,000 and finds you 20% liable for the accident. In that case, you would still receive $160,000, which is the total minus your 20% liability. However, you are no longer eligible for damages if you are 51% liable or higher.
Texas Transportation Code requires the drivers of vehicles involved in accidents to report the accident to the police as quickly as possible. If the accident occurred in a municipality, you would contact a local police station. Report it to the sheriff’s office if it happened outside a city. This does not include accidents that result in no injuries or property damage. Texas law only mandates reporting for collisions resulting in bodily harm or death of a person or damage to a vehicle rendering it unsafe to drive.
Like most states, Texas law does not stipulate whether you must report an accident to your insurance provider. However, your policy will likely have language requiring you to do so promptly. Allowing them to investigate the accident is beneficial if you think the other party will attempt to file a claim with your provider.
Like most states, Texas does not have a no-fault auto insurance requirement for drivers, meaning you do not have to carry personal injury protection insurance and file a claim through your own policy when an accident occurs. Instead, Texas car accident law applies an at-fault system to personal injury claims following a crash.
The Texas at-fault auto accident system places the burden of proof on the injured party filing the claim. Therefore, when you file your claim with the other driver’s insurer, you must provide evidence to validate your negligence claim and losses. Proving negligence entails showing that the other driver owed you a duty of care to obey traffic laws, breached that duty of care by violating a traffic law and caused the accident and your injuries with that breach of duty.
To protect your right to compensation and support your fault-based claim, there are a few steps you can take in the moments and days following the collision to help build your case:
Texas car accident law allows you to recover damages for everything from your medical expenses and lost wages to the damage to your vehicle and the emotional pain and suffering your incurred because of your injuries and treatment. You only need to provide documentation to support those losses.
Some car accident cases are cut-and-dry, and others are more complex, requiring legal representation to help support your claim. If the insurance company pushes back on your claim or questions your role in the accident, you may benefit from speaking with a lawyer about your case. A car accident attorney will handle all conversations with the insurer, protect you from rights violations and identify and value your damages, typically on a contingency fee basis.
If you suffer an injury in a collision in Mesquite, you may question how any Texas car accident law can impact your case. The experienced attorneys at Fielding Law can help you gather the information you need to build a case and recover the damages owed to you by the party responsible for your accident. Our team of car accident lawyers helps victims restore the damage done by negligent drivers. We understand your financial, physical and emotional struggles and are available 24/7 to take your call. Contact Fielding Law at (877) 880-4090 to schedule your free case review and learn more about the laws that govern car accidents in Texas.