How a Texas Car Accident Attorney Can Help Maximize Your Recovery, or Successfully Defend Against Large Payouts for At-Fault Drivers
Understanding Car Accident Law in Texas
Shockingly, car accidents occur on a daily basis, despite not a spotlight not placed on them in the news as when airplanes crash, or boats capsize.
If you have ever been a victim of one, then you know how stressful and unexpected it can be to deescalate the situation even when you don’t think you’ve done anything wrong. And if you have ever been at-fault, then the prospects of having to have a hike in insurance rates is not such a rosy thought to ponder.
There are ways that a highly-skilled Texas car accident lawyer can step in as your advocate—whether you are the victim or other driver responsible. Knowing the nuances in Texas automobile accident law gives a claimant an advantage than if appealing directly to the insurance carrier.
To learn more about the elements that must be proven in the State of Texas in an ordinary car accident case as well as the common ways for these cases to be disproven and dismissed, it is worth reading further.
What are the Elements of Successful Car Accident Case under Texas Law?
In Texas, according to the premier long-established legal resource Nolo.com, after an automobile accident occurs a victim and at-fault driver alike have to make a snap judgment as to whether the following elements exist:
- an injury or death to a person has taken place.
- damage has been caused by a motor vehicle accident such that the motor vehicle can no longer be driven safely from the scene of the accident.
What distinguishes Texas automobile accident law, as for instance compared to other states, is that the location of the accident determines what actions must be taken following the accident. If the above elements are satisfied, then the question becomes whether the accident took place within or outside of the municipality. If it took place within the municipality, then the accident must be promptly reported to the police department, per Texas Transportation Code 550.26. If, however, the accident took place outside the municipality, then the accident must promptly be reported to the sheriff’s office. If there is property damage, or bodily injury, such information must be promptly reported.
Common damage can include:
- Property damage including an unsafe airbag
- Damage to other vehicles
- Damage to the vehicle of the victim’s car.
- Pain and suffering (also known as non-economic damages)
The most important rule determining the appropriate split of liability and payment is the doctrine of “fault” in Texas. In Texas, the law of the state is “modified comparative fault.” According to this method of recovery, if a victim of an accident is at least half as responsible for the accident’s taking place, then he or she is totally barred from recovery as a matter of law.
The effect is to prevent an injured victim from recovering by default, unless enough evidence is produced to show that their fault is “less than” the at-fault driver’s. Although more favorable to the at-fault driver than in states that adopt comparative fault theories of recovery, or in other words that allow for recovery no matter how much fault the victim is responsible for, the theory of recovery is not as harsh as states that adopt contributory negligence rules. In contributory negligence states the smallest amount of recklessness of the victim will absolutely bar any chance at recovery.
What are the Time Limits and Procedure for Filing Automobile Accident Injury Claims?
According to Nolo.com, it is imperative for a layperson to be familiar with the concept of “statutes of limitations,” which are strict time restrictions that may prevent personal injury cases from ever being filed if not done before the statute runs, or time has run out to file timely.
Once the statute of limitations has run in Texas, it is too late to bring a case and there is no alternative way of a victim to pursue justice for their injuries.
According to Texas’ Practice and Remedies code Section 16.003, there is a clear “two-year” time limit that a victim has in an automobile accident case to bring injury claims.
Although that is a rule of thumb, there are of course exceptions that a skilled and seasoned automobile accident lawyer would be able to detect and apply in your case.
The concept of “tolling,” as explained by Texas automobile accident experts. The Francis Firm may apply which a skilled lawyer might raise if any of the following is true:
- Incapacity of the victim due to the car crash.
- The defendant has left the state of Texas or otherwise cannot be located.
- The victim is a minor who is given extra time including two years to file suit after turning 18.
Statutes of limitations exist to ensure that evidence remains “fresh” and in the judgment of the courts and legislature claims are more likely to have merit. Another reason is not to inconvenience the other party by waiting an unreasonably long time to report the injury when it could have done sooner, especially when evidence proof of injury is stronger, such as the aggravation of an injury caused by a surgical complication or grave illness as a result of a misdiagnosis that improves over time.
Common Defenses for At-fault Drivers Relating to the Standard of Care
According to the Texas automobile accident specialist firms, notably, The Parker Law Firm, in addition to the statute of limitations, there are common defenses an at-fault driver can assert to minimize or completely avoid liability for the underlying accident.
- Contributory/Comparative Negligence
- Assumption of Risk
- Pre-existing Injury
- Release of Liability Waiver
Commonly accidents can be defended by invoking the notion that the victim was partially to blame for the accident, has been fully informed of the risk leading to the accident and disregarded it anyways, had previous accidents that cast doubt on the legitimacy of the current injury claims alleged against the at-fault driver, or have signed documentation to relieve the at-fault driver of responsibility at some point during the claims filing process, although exceptions may apply even if such documentation was signed.
As an at-fault state, drivers must pay for the victim if they cause or contribute to the accident, as opposed to in no-fault states, where liability for the victim’s damages does not depend on the driver being at fault.
Texas automobile accident law requires a skilled advocate, who can represent the injured victim or defendant accused of reckless driving, will have the resources and expert practice areas to provide zealous representation. To learn more about safe driving and automobile accident law, you can consult the Texas Department of Transportation’s website.
Legal Advice: How Much Can an Injured Victim Expect to Recover for a Car Accident Case?
Based on the skill and years of experience of the Texas automobile accident lawyer handling a victim’s case, a client can recover greater amounts if the lawyer stays up to date with the everchanging landscape of insurance law and automobile accident theories of recovery. For instance, when a passenger is not at fault, and is riding in the motor vehicle of the at-fault driver, a skilled automobile accident lawyer could help that victim recover against not only the other car involved in the accident, but the at-fault driver that the passenger was in.
What is the Importance of Hiring a Skilled Automobile Accident Lawyer?
Due to the pervasiveness of automobile accidents in society, it is important to have a skilled lawyer who can distinguish itself from others in the field. Whereas a common automobile accident attorney may be generally knowledgeable about how to represent a given client, a top-notch Houston-based Texas automobile accident lawyer will be familiar with the most recent decisions in insurance and tort law that affect how much of a recovery the injured victim is eligible to receive. Many top-rated law firms specialize in these cases, including Sorrel Law, Dallas-based Thompson Law, the national personal injury firm headquartered in Houston McDonald Worley, P.C., among others in the Houston area and surrounding areas, many offering a free consultation through an online contact form.
For such Texas law personal injury attorneys competent in Texas automobile accident law, they will ask you questions to maximize the value of your case or minimize liability in exploring your legal options—whether you are the car accident victims an accident or the at-fault driver defending against the claim. In any case, you should be prepared to create a narrative of facts detailing everything that you remembered before, during and after the accident, including keeping meticulous records of medical bills and medical expenses made to recover, or in the case of the at-fault driver, the costs to defend.
As an at-fault driver—whether driving drunk or speeding—facing suit, where one’s reputation as being a safe driver is often at stake when presenting themselves to insurance companies, it is also imperative to share any insurance company policy maintained and provide all known contact information that could be helpful for the lawyer to assess and test the strength and validity of the victim’s claim.
Forming an Attorney-Client Relationship: Call a Texas Automobile Accident Lawyer Today to Discuss Your Case and Odds of a Obtaining Favorable Verdicts and/or Settlements!
Whether you are a car accident victims or at-fault driver, having the right automobile accident attorney on your side can navigate of not only automobile accident law, but also negotiation tactics of insurance companies, including not commonly understood concepts such as subrogation of carrier rights, insurance contract policy limit disputes and other hurdles dealing with successfully negotiating a claim. The attorney-client relationship forms upon consultation when you consider hiring the attorney.
Failing to be adequately prepared can result in not being compensated for a traumatic types of injuries such as a serious brain injury with clear-cut liability, such as if the attorney is not particularly qualified in the particular case brought.
Likewise, this can result in excessive payouts for non-meritorious automobile accident claims and in turn can cause a driver to be exposed to high premiums and lose time from work not to mention be mired in debt. Whether the accident took place in large metropolitan areas such as Richmond, Waco, Corpus Christi, Austin, Houston or Dallas, Lawsuit.org will help you pinpoint the right automobile accident personal injury attorney offering testimonials and free consultation to obtain the fair compensation you deserve!