Car Accident Attorneys in Texas

Texas Car Accident Laws

Fault-Based System

Texas operates under a "fault" system, meaning that the person responsible for causing the accident is liable for any resulting damages. This is determined through an investigation of the accident, often involving law enforcement, insurance companies, and sometimes the courts. The at-fault driver's insurance company is generally responsible for covering the damages incurred by the victims, including medical expenses, property damage, and other related costs.

Comparative Negligence

Texas follows a modified comparative negligence rule. Under this rule, if a person is found to be partially at fault for the accident, their compensation will be reduced by their percentage of fault. For example, if someone is found to be 20% at fault for an accident and has $10,000 in damages, they would be eligible to recover $8,000 (80% of their damages). However, if they are found to be 51% or more at fault, they are barred from recovering any damages.

Statute of Limitations for Auto Accidents in Texas

The statute of limitations for filing a car accident lawsuit in Texas is two years from the date of the accident. This means that victims have a limited time frame to pursue legal action against the at-fault party. Failing to file within this period typically results in the loss of the right to seek compensation through the courts.

Mandatory Insurance Requirements in TX

Texas law requires all drivers to carry minimum liability insurance to cover potential damages in the event of an accident. The minimum coverage amounts are $30,000 for bodily injury per person, $60,000 for bodily injury per accident, and $25,000 for property damage per accident. These minimums are intended to ensure that victims have access to some level of compensation for their injuries and losses, although they may not fully cover more severe accidents.

Reporting Requirements

Drivers in Texas are required to report any accident that results in injury, death, or significant property damage to law enforcement. Failure to report such accidents can result in legal penalties. Additionally, drivers must exchange contact and insurance information with the other parties involved and assist any injured persons if possible.

Legal Recourse

Victims of car accidents in Texas have the right to pursue legal action to recover damages. This can involve negotiating with insurance companies, and if a fair settlement cannot be reached, filing a lawsuit in civil court. Common damages sought in car accident cases include medical expenses, lost wages, pain and suffering, and property damage. In cases of severe negligence or wrongful death, additional damages may be pursued.

Who Is Responsible For a Texas Car Accident?

If you have been in a Texas car accident, you may want to take legal action against the responsible party. However, determining who is responsible can be difficult. In some cases, more than one party can be liable.

Any of the following may be liable for the accident:

• Another driver
• Pedestrian
• Vehicle passenger
• Vehicle manufacturer
• Parts manufacturer
• City government

If you need assistance determining who is at fault, we recommend working with a personal injury lawyer in Texas. Your car accident attorneys can help you collect and assess evidence, build a case, and fight for the compensation you may be owed.

Compensation You Can Get After a Car Accident

If you have been in a car accident in Texas, you may be able to recover compensation for many expenses, including the following:

• Legal fees
• Medical expenses
• Property damages
• Loss of wages or wage-earning potential
• Wrongful death
• Loss of consortium or companionship
• Scarring or disfigurement
• Rehabilitation
• Punitive damages
• Emotional distress or mental anguish

If you are unsure whether other expenses also qualify for compensation, please speak to a personal injury lawyer as soon as possible. Your Texas car accident lawyer can assist you in several ways, including determining other compensation types you are likely eligible to receive.

Common Causes of Car Accidents

Car accidents can occur due to a variety of factors, such as the following:

- Distracted Driving: Distracted driving is one of the leading causes of car accidents. This includes activities such as texting, talking on the phone, eating, or using in-car technologies. Even a momentary lapse in attention can result in a serious accident, as it takes only a few seconds of distraction to miss important changes in traffic conditions.

- Speeding: Driving above the speed limit or too fast for road conditions is another major cause of accidents. Speeding reduces the driver’s ability to react to sudden changes, increases stopping distance, and often results in more severe collisions. High-speed crashes are particularly dangerous due to the greater force of impact.

- Drunk Driving: Driving under the influence of alcohol or drugs significantly impairs a driver’s ability to operate a vehicle safely. Alcohol affects coordination, judgment, and reaction times, making it a major risk factor for serious and fatal accidents. Despite stringent laws and public awareness campaigns, drunk driving remains a persistent problem.

- Reckless Driving: Reckless driving involves aggressive behaviors such as tailgating, weaving in and out of traffic, and ignoring traffic signals. Such actions increase the likelihood of collisions as they create unpredictable and hazardous conditions for other drivers on the road.

- Weather Conditions: Adverse weather conditions, including rain, snow, fog, and ice, can create dangerous driving environments. Wet or icy roads reduce traction and visibility, making it more difficult for drivers to maintain control of their vehicles and avoid obstacles.

- Running Red Lights and Stop Signs: Ignoring traffic signals and stop signs is a common cause of intersection-related accidents. Running a red light or stop sign can lead to severe T-bone or side-impact collisions, which are particularly dangerous for vehicle occupants.

- Fatigue: Driving while fatigued is comparable to driving under the influence of alcohol in terms of impairment. Fatigue slows reaction times, diminishes attention, and can lead to microsleeps, where a driver briefly falls asleep at the wheel, often without even realizing it.

- Inexperienced Drivers: Inexperienced drivers, particularly teenagers, are more prone to accidents due to their lack of driving experience and sometimes overconfidence. They may not yet have the skills to handle complex driving situations or may underestimate the risks involved.

- Mechanical Failures: Vehicle malfunctions, such as brake failure, tire blowouts, or engine problems, can lead to accidents. Regular maintenance and prompt repairs are essential to ensure that vehicles remain in safe operating condition.

- Road Design and Conditions: Poorly designed or maintained roads can contribute to accidents. Issues such as sharp curves, lack of signage, potholes, and inadequate lighting can create hazardous conditions for drivers. Construction zones also present unique challenges that can lead to accidents if not properly managed.

Steps to Take Following a Car Accident

If you have been in a car accident, you may not know what strategies or steps to take to receive favorable results. To receive the compensation you need, we recommend following these suggestions which may be especially helpful if you intend to take legal action.

Seek Medical Attention

Following an accident, it’s important to first seek medical attention. Even if you do not notice an injury, your medical practitioner can help you assess the situation. You may find latent injuries, be treated with well-informed insight and plans, and determine whether you will likely require additional medical treatment in the future. An itemized medical bill or doctor’s note may also help you during legal proceedings.

Speak with a Qualified Texas Car Accident Lawyer

If you have been in an accident and intend to take legal action, we strongly encourage you to speak with a qualified Texas car accident lawyer. 

Your lawyer can assist you in several ways throughout the legal process, including in the following ways:

• Providing legal knowledge
• Negotiating on your behalf
• Handling insurance companies and other legal representation
• Joining or leading investigations
• Collecting or analyzing evidence
• Maximizing your compensation
• Reducing your stress
• Strategizing the next best steps
• Providing helpful information and resources
• Referring you to medical and other professionals