A car accident can happen when you least expect it. And whether it is a minor fender bender or a catastrophic crash, a wreck can result in significant economic and non-economic damages. If you are involved in a car crash that is not your fault, you may be entitled to financial restitution for those damages.
However, personal injury lawsuits, like other civil actions, are complex legal processes. As such, you’ll need to understand relevant laws and legal norms that can directly impact the outcome of your claim. For example, the two matters explored below could impact your case if you’re thinking about filing a car accident lawsuit in Texas.
Texas negligence laws
If an accident happens, you may potentially hold a negligent party accountable per the state’s negligence laws. In Texas, your damages will be reduced based on your contribution to the cause(s) of the accident. However, you may not recover any damages if the court establishes that your contribution to the accident was greater than 50 percent. This is known as modified comparative negligence or proportionate responsibility.
To boost your chances of winning your personal injury claim, it is extremely important that you present strong evidence. Some of these pieces of evidence may include the police report, images of the accident scene and witness accounts.
Texas statute of limitations
A car accident can leave you with potentially long-term injuries. But while you work on your recovery journey, it is important to remember to file your personal injury lawsuit within the statute of limitations period. In Texas, the statute of limitations for personal injury claims is two years from the date of the accident. If you file your lawsuit after the expiration of the statute of limitations period, then you may lose your case as a matter of course.
A car accident can turn your life upside down. Understanding how Texas’ car accident and negligence laws work can help you protect your rights and interests while pursuing damages from a liable party.