Fault for a car accident in Texas will rest on the details of a claimant’s situation. For instance, let’s say that a driver was rear-ended by another motorist. In this situation, fault would rest on the driver who breached their duty of care. However, let’s say that a driver was injured in an accident caused by faulty or defective brakes. In this case, fault may rest on the party who manufactured or installed the faulty vehicular component.
More than one party could be considered at fault for the same accident under Texas’s proportionate responsibility laws. According to Texas Civil Practice and Remedies Code §33.001, if you were involved in a car accident, you may be assigned a percentage of fault. As long as you are not more than 50% at fault for the collision, you can pursue compensation. However, your percentage of fault will reduce the amount of money you can receive.
If you were injured in a collision, you may choose to partner with a personal injury lawyer who can investigate the circumstances of your accident. They will need to use evidence to determine how your accident happened and who is responsible for your damages.
Causes of Car Accidents in Texas
According to the Texas Department of Transportation (TxDOT), the following five actions and behaviors have the potential to cause collisions:
- Failure to yield
- Alcohol intoxication
- Following too closely
- Disregarding traffic signs
According to Texas Transportation Code §550.062, you may be required to file a police report at the accident scene. If the collision resulted in any injuries, fatalities, or property damage totaling more than $1,000, you must file a police report. Yet, as intimidating as this may sound, the police report can be used to advance your legal interests should you decide to file a personal injury claim or lawsuit.
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You Can Pursue Compensation from the At-Fault Party
When you team up with a car accident lawyer, they can determine who is at fault for your car accident in Texas. They can also evaluate the cost of your collision-related damages to determine the value of your case.
Per Texas Civil Practice and Remedies Code §41.001, you are allowed to request compensation for the following economic and non-economic damages:
- Current and future medical bills
- Current and future loss of income
- Physical pain and suffering
- Mental or emotional pain
- Loss of consortium
- Physical disfigurement
- Physical impairment
- Loss of companionship and society
- Loss of enjoyment of life
A personal injury lawyer can represent your legal interests when they enter into negotiations with the liable insurance company. They can use your employment records, medical bills, and property damage receipts to assert the cost of your damages. Their goal is to bring about a favorable resolution to your personal injury case.
You Must File Your Lawsuit within Texas’s Statute of Limitations
Texas Civil Practice and Remedies Code §16.003 is otherwise known as Texas’s statute of limitations. It generally allows you up to two years to file a personal injury lawsuit for financial recovery. If you or someone you love was injured in a car accident, you can legally seek compensation from the at-fault party as long as you do so in accordance with the two-year deadline.
Failing to meet the filing deadline could put your right to compensation in jeopardy in two ways. First, it can prevent you from filing your lawsuit at all. If you file your lawsuit outside of the two-year deadline, the courts may refuse to hear your case. Secondly, if you do not take prompt legal action, it could mean that the at-fault party would never have to compensate you for your losses. The financial burden of the collision and your damages could fall to you.
If a member of your family was fatally injured in a car accident, this same statute also applies to your ability to file a wrongful death lawsuit. When you work with a Texas car accident lawyer, they can work on filing your case within the state’s appropriate timeframe.
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We Can Define Fault for a Car Accident in Texas
You could be entitled to compensation from the at-fault party whose negligence led to your car accident. At Loncar Lyon Jenkins, we help car accident claimants get the financial compensation they are entitled to. If you were injured in an accident or if a loved one was seriously or fatally injured, our team is on your side.
Contact the personal injury team at Loncar Lyon Jenkins by calling (877) 239-4878.