Car Accident Lawsuits in Texas
Dealing with a car accident that was not your fault can be a traumatic and costly experience that has the potential to have debilitating effects on your physical, mental, and financial well-being. Considering the fact that Texas personal injury cases have a two-year statute of limitations, it is vital to deal with your situation in a timely and efficient manner.
Knowing your rights and discussing your situation with a qualified attorney will make this process much easier and less stressful, allowing you to focus on getting your life back.
Types of car accidents
There are many different types of accidents that are eligible for personal injury claims due to someone else’s negligence or carelessness. Some of the most common accidents in Texas include:
– Low speed impact shocks
– Rear impact crash
– Front impact
– Side collisions/T-bone
– Uninsured motorist accidents
– Whiplash car accident injuries
– bad roads
– DUI / Drunk Driving Accidents
– 18-wheeler/semitrailer crashes
– Accidents where passengers are injured
The offender in these situations is considered to be negligent if he speeds excessively, drives under the influence, uses a cell phone, fails to pay attention to or avoid road hazards, or fails to adapt to the road. condition.
Auto Accident Lawsuit Process
After consulting with a personal injury attorney, he or she will file a petition in Texas Civil Court alleging that the other driver was at fault and responsible for your damages. The only way to stand a chance of recovering damages is to prove that the other driver or party acted negligently. A Texas negligence claim involves the following elements:
– Duty: The victim must be able to prove that the defendant had a duty to act reasonably when operating their motor vehicle. This is a general duty and is required for all drivers who drive in Texas.
– Breach: The victim must also prove that the defendant breached his duty by failing to exercise reasonable care in operating his vehicle.
– Causation: The victim is required to show that the defendant’s conduct was the actual and proximate cause of the resulting injuries.
– Damages: The victim must have suffered some type of injury as a result of the defendant’s negligent or reckless actions (or inaction).
Texas law requires that the plaintiff be able to prove all of these elements by a preponderance of the evidence. The burden of proof for the plaintiff is quite low as only 51% of the evidence needs to be in favor of the plaintiffs to win. This is considered comparative negligence and is the civil procedure followed by Texas and most other states.
As for specific damages, Chapter 41 of the Texas Civil Practice and Remedies Code defines the types that are allowed in the state for a car accident claim. These include economic damages (compensation for any actual financial loss), non-economic damages (compensation for physical pain and suffering), exemplary damages (punitive damages for the defendant if they acted with gross negligence), and compensatory damages (additional economic and non-economic damages). . economic damage that can be compensated).
Pursuant to §16.003(a) of the Texas Civil Practices and Remedies Code, the Statute of Limitations allows you to take legal action for a car accident or property damage for up to two years after the occurrence. The same amount of time (2 years) also applies to those who suffered bodily injury in the car accident.