Dealing with a car accident for which you are not at fault can be a traumatic and costly experience, with the potential to have devastating effects on your physical, mental and financial health. Considering that there is a two-year statute of limitations for personal injury cases in Texas, it is critical that your case be handled in a timely and efficient manner.
Knowing your rights and discussing your situation with a qualified attorney will make the process easier and less stressful, allowing you to focus on restoring your life.
type of car accident
There are many different types of accidents that qualify as personal injury claims due to the negligence or carelessness of another person. Some of the most common accidents in Texas include:
– Low speed collision accident
– rear-end accident
– positive influence
– Side/T-bone collision
– Uninsured motor vehicle accidents
– whiplash car accident injury
– defective roads
– DUI/DUI accidents
– 18 wheel/semi truck accidents
– Accidents in which passengers were injured
In these cases, offenders are considered negligent if they speed, drink and drive, use a mobile phone, fail to pay attention or avoid hazards on the road, or if they fail to adjust to the conditions of the road. Health status.
Car Accident Proceedings
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 liable for your damages. The only way to have a chance of recovering damages is to prove that the other driver or party acted negligently. Negligence claims in Texas involve the following elements:
– Liability – The victim must be able to demonstrate that the defendant had a duty to behave in a reasonable manner while operating a motor vehicle. This is a general duty that every driver who drives in Texas is required to perform.
– Breach of Contract – The victim must also prove that the defendant breached their duty by failing to exercise reasonable care while driving the vehicle.
– Causation – The victim must prove that the defendant’s actions were the actual and proximate cause of the harm.
– Damages – The victim must have suffered some type of injury as a result of the defendant’s careless or reckless act (or omission).
Texas law requires that a plaintiff must be able to prove all of these elements by a preponderance of evidence. The plaintiff’s burden of proof is low, requiring only 51% of the evidence in the plaintiff’s favor to prevail. This is considered comparative negligence and is the civil procedure followed in Texas and most other states.
As for specific damages, Title 41 of the Texas Code of Civil Practice and Remedies defines the types of auto accident lawsuits allowed in the state. Includes economic damages (compensation for any actual economic loss), non-economic damages (compensation for bodily pain and suffering), exemplary damages (punitive damages if the defendant acted grossly negligent) and compensatory damages Damages (additional economic and non-economic losses that may be rewarded).
Pursuant to Section 16.003(a) of the Texas Code of Civil Procedure and Remedies, the statute of limitations allows you to file a legal action for an auto accident or property damage within two years of the date the accident or property damage occurred. The same amount of time (2 years) applies to people who suffer bodily injury in a car accident.
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