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Notice For: Anyone who has been injured in a car accident in Texas.
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TX Automobile and Car Accidents
A traffic collision can be a life altering event. When a vehicle collides with another vehicle, a pedestrian, an animal, road debris, or a stationary object, the resulting damage can cause serious injuries. Blunt force trauma caused by a traffic accident can lead to broken bones, permanent scarring, paralysis, and even death.
Even after receiving medical treatment, individuals involved in car accidents may suffer psychological trauma, such as a fear of driving or riding in a motor vehicle again, which can negatively impact their ability to work and resume their life as it was before the event.
Yet, transportation by a motor vehicle is a necessary and common part of life for most people. Consequently, it is also one of the most dangerous activities undertaken on a regular basis.
Texas Motor Vehicle Accident Laws
The state of Texas is among just a few states that allows licensed drivers to choose either no-fault or traditional motor vehicle insurance.
At-fault Insurance
The driver that is found to be responsible for the event must pay for the damages they caused via their insurance company.
No-fault Insurance
If you’re injured in a car accident in Texas, you can pursue compensation from the at-fault party. If you have coverage that applies to your own expenses, such as collision and comprehensive, you can file a claim with your own insurance company. Your insurer can then recoup the cost from the at-fault driver’s insurer.
A negligence standard is used to determine who is at fault and to what extent. Negligence is a legal term for failing to use reasonable care given the circumstances. Every state establishes rules of the road (e.g. speed limits, bans on texting while driving, and bans on driving while intoxicated), and failure to abide by those rules creates a presumption of negligence.
Texas uses a modified comparative negligence system for personal injury cases. This means that a plaintiff can seek damages if they are 50% or less at fault for an accident. If the plaintiff is more than 50% at fault, they cannot recover damages.
The court will reduce the amount of compensation by the percentage of fault the plaintiff shares. For example, if a plaintiff is awarded $20,000 in damages and is 40% at fault, the court could reduce the award by 40% or $8,000.
If an individual dies in an automobile accident, their family may file a wrongful death lawsuit on their behalf and damages can be awarded to compensate them for their loss.
The statute of limitations for filing a lawsuit related to a car accident is two years from the date of the accident. This includes lawsuits for personal injuries or property damage. The two-year period begins on the date of injury, regardless of the type of incident.
Legal remedies
The Texas legal system understands that in some vehicular accidents, no party is completely at fault. In multi-car pileups, it can be very challenging to figure out exactly which cars behaved in a negligent or reckless manner.
That is why Texas uses a standard called modified comparative negligence, which means that once a determination has been made as to who was at fault and to what degree, the damages are adjusted accordingly. So, if a driver was involved in an accident and found to be 20% at fault but won a judgment of $100,000, their total payment would be reduced by 20% to $80,000. Judgements can award compensation for both economic and non-economic damages.
Economic Damages
- The cost of medical care to treat the injury caused by the accident
- Lost wages while the injured party cannot work
- The cost of repairing or replacing the injured party’s vehicle
Non-economic Damages
- Compensation for pain and suffering incurred during the accident and its aftermath
- Loss of affection and companionship due to injuries, both physical and psychological
- Compensation for the emotional distress caused by the accident and the medical treatment it required
Damage Caps
In Texas there are no caps on monetary damages between citizens filing liability claims. The only limitation on the amount of money a person injured in a motor vehicle can receive applies to accidents caused by government employees, which are capped at $250,000 per person and can not exceed $500,000 for a single incident.
What can you do?
If you or a loved one have been involved in a motor vehicle accident, please fill out the contact form on this page for a free case evaluation to see if you qualify to file a claim. There is no charge to speak with our attorneys about your situation and legal rights.