If you are a regular driver, chances are that you will be involved in a car crash at some future moment in time. You may have even been hurt recently as a result of a collision. If an accident isn’t your fault (or is only partially your fault), you may be eligible for compensation for economic and non-economic damages you’ve suffered.
However, car accident claims, like other legal matters can be complicated. Thus, it is important that you understand how the law works while filing an insurance claim or an insurance lawsuit.
Texas negligence laws
Car accident claims are founded on the precept that the defendant owed the plaintiff a duty of care, and that they failed in that duty resulting in personal injury and property damage. To successfully pursue your car accident claim, you must prove that the defendant acted negligently, recklessly or in an intentionally unsafe manner. Additionally, you’ll need to prove that they bore a greater responsibility for your damages than you did. This is where Texas’ modified comparative negligence statute comes in. Per this statute, you cannot claim damages if your contribution to the accident in question is greater than 50 percent.
Texas statute of limitations
A car accident can throw your life into disarray. From injuries to recover from, property to restore and lost income to make up as a result missed work among other damages, there is so much to deal with. And this is understandable. However, if you hope to recover damages, you must act within the statute of limitations. Your lawsuit will most likely be dismissed if you let the statute of limitations period run out. And in Texas, the statute of limitations for car accident lawsuits is two years from the date of the accident in question.
Safeguarding your interests
Learning how Texas car accident and personal injury laws work can help you safeguard your rights and interests if you are involved in an accident that is not your fault. Seeking legal guidance is usually a good place to start.