Auto Accident Lawsuits in Texas

Coping with a car accident through no fault of your own can be a traumatizing and costly experience that can have potentially debilitating effects on your physical, mental, and financial well-being. Given that personal injury cases in Texas have a two-year statute of limitations, it is vital to take care of your situation in a timely and efficient manner.

Knowing your rights and discussing your situation with a qualified attorney will make this process much easier and less stressful, allowing you to focus on getting your life back on track.

types of car accidents

There are many different types of accidents in which personal injury can be claimed as a result of someone else’s negligence or carelessness. Some of the most common accidents in Texas are:

– Low speed impact

– Accident with rear impact

– Frontal impact

– Side/T-Bone collisions

– Uninsured traffic accidents

– Whiplash car accident injuries

– Broken roads

– DUI / drunk driver accidents

– 18 wheeled/semi-trailer accidents

– Accidents with injured passengers

The offender acts as negligent in these situations if he is speeding, driving under the influence of alcohol, using a mobile phone, not paying attention or avoiding dangers on the road, or if he is unable to adapt to the road condition.

Car Accident Complaint Procedure

After consulting with a personal injury attorney, he or she files a petition in Texas Civil Court alleging that the other driver was at fault and liable for your damage. The only way to recover the damage is to prove that the other driver or participant acted negligently. A Texas negligence claim includes the following elements:

– Duty – The victim must be able to prove to the defendant that he owed him a duty to behave appropriately when operating his motor vehicle. This is a general duty and is required of every driver driving in Texas.

– Infringement – The victim must also prove that the defendant breached their duty by failing to use reasonable care in operating their vehicle.

– Causality – The victim must prove that the accused’s behavior was the actual and proximate cause of the resulting injuries.

– Damages – The victim must have suffered some type of injury resulting from the negligent or reckless acts (or inactions) of the accused.

Texas law requires that the plaintiff must be able to prove all of these elements through a preponderance of evidence. The burden of proof on the plaintiff is quite light as only 51% of the evidence needs to be in the plaintiff’s favor to win. This is considered comparative negligence and is the civil procedure followed by Texas and most other states.

Regarding the specific damages, Chapter 41 of the Texas Civil Practice and Remedies Code defines the types that are allowable in the state for an auto accident claim. Includes pecuniary damages (damages for actual pecuniary loss), moral damages (damages for physical pain), exemplary damages (punitive damages for the defendant if he acted with gross negligence), and damages (other economic and non-economic damages that may be rewarded).

Pursuant to Section 16.003(a) of the Texas Civil Practice and Remedies Code, the statute of limitations allows you to bring legal action for an automobile accident or property damage up to two years after the event. The same period (2 years) also applies to people who have suffered physical damage in the car accident.