Dealing with a car accident in which you were not at 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 personal injury cases in Texas have a two-year statute of limitations, it is vital to take care of your situation in a timely and efficient manner.
Knowing your rights and discussing your situation with a qualified attorney will make this process much smoother 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 the negligence or carelessness of another person. Some of the most common accidents in Texas include:
– Low speed impact shocks
– Rear impact shock
– Frontal impact
– Side collisions/T-bone
– Uninsured motorist accidents
– Whiplash car accident injuries
– Bad roads
– DUI / Drunk Driving Accidents
– 18-wheeler/semi-truck crashes
– Accidents where passengers are injured
Violators in these situations are considered to be acting negligently if they speed excessively, drive under the influence, use a cell phone, fail to pay attention to or avoid road hazards, or are unable to adjust to road conditions.
Car 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 is liable 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 his motor vehicle. This is a general duty and is required for all drivers driving in Texas.
– Breach: The victim must also prove that the defendant breached his duty by failing to exercise reasonable care when 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 negligent or reckless actions (or inaction) of the defendant.
Texas law requires that the plaintiff be able to prove all of these elements through a preponderance of 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 Code of Civil Practice and Remedies defines the types that are allowed in the state for a car accident lawsuit. 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 were grossly negligent), and compensatory damages (additional economic and non-economic damages that may be awarded).
Pursuant to ยง16.003(a) of the Texas Code of Civil Remedies and Practice, the Statute of Limitations allows you to pursue legal action for an auto accident or property damage 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.
