Texas car accident lawsuits

Dealing with a car accident where you were not at fault can be a traumatizing and costly experience that can have debilitating consequences for your physical, mental and financial well-being. Given that personal injury cases in Texas have a two-year statute of limitations, it is vital to resolve 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 on track.

Types of car accidents

There are many different types of accidents that qualify for personal injury claims due to the negligence or carelessness of another. Some of the most common accidents in Texas include:

– Low speed collisions

– Rear-end collision

– Frontal impact

– Side / T-bone collisions

– Uninsured car accidents

– Whiplash Car Accidents

– Defective roads

– DUI / Drunk Driver Accidents

– 18 accidents involving bicycle/trailer accidents

– Accidents in which passengers are injured

The offender is considered negligent in these situations if he is speeding, driving under the influence, using a mobile phone, not paying attention or avoiding hazards on the road, or if he is unable to adapt to the traffic situation. prerequisite.

Car accident lawsuit

After consulting with a personal injury attorney, he or she will file a petition with the Texas Civil Court claiming that the other driver was at fault and liable for your damages. The only way to stand a chance of receiving the compensation is to prove that the other director or party has acted negligently. A claim for negligence in Texas includes the following elements:

– Duty – The victim must be able to prove that the suspect owed him a duty to act in a reasonable manner when operating his motor vehicle. This is a general duty and is required of every driver driving in Texas.

– Breach – The victim must also prove that the defendant breached his duty by not acting with reasonable care when operating his vehicle.

– Causal Link – The victim must prove that the defendant’s conduct was the actual and proximate cause of the resulting injuries.

– Damage – The victim must have suffered some form of injury as a result of the defendant’s careless or reckless act (or omission).

Texas law requires that the plaintiff must be able to prove all of these elements through a preponderance of evidence. The burden of proof on the plaintiff is quite low, with only 51% of the evidence needing to be in the plaintiff’s favor to win. This is considered relative negligence and is the civil procedure that Texas and most other states follow.

See also  Before you leave

As for specific damages, Chapter 41 of the Texas Civil Practice and Remedies Code defines the types allowed in the state for a car accident lawsuit. Included are economic damages (compensation for any actual financial loss), non-economic damages (compensation for physical pain and suffering), exemplary damages (punitive damages to the defendant if it has acted with gross negligence) and compensatory damages (additional economic and non negligent damages). economic damage that can be rewarded).

Under §16.003(a) of the Texas Civil Practice 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 term (2 years) also applies to those who sustained physical injury in the car accident.