Sometimes accidents happen. No matter how careful a driver you are, you can’t always account for the weather, the condition of the road, or the behavior of other drivers. At the Almaraz Law Firm in McAllen TX, we know that forewarned is forearmed, so read on to find out what a car accident attorney wants you to know about this aspect of Texas law.
1. Texas Is a “Fault” State
In some states, the law is that in a collision between two insured drivers, the damage taken by each driver is paid for by their own insurance companies. However, this is not the case in Texas. Texas operates on a tort liability system, meaning that the person found to be at fault for the accident is responsible for all damages resulting from the crash.
If you’re involved in an accident, you have the right to seek compensation from the at-fault driver’s insurance company, file a lawsuit against the driver, or pursue a claim through your own insurance if it covers the damages. You must prove that the other driver was negligent or careless in some way to recover damages. This could involve showing that the other driver violated traffic laws, was distracted, or otherwise failed to exercise reasonable care while driving.
2. Compensation Is Reduced By Your Percentage of Fault
Texas follows a modified comparative fault rule, which can affect the amount of compensation you receive if you are found partially at fault for the accident. Under this rule, you can still recover damages even if you are partially responsible, as long as you are not more than 50% at fault. However, your compensation will be reduced by your percentage of fault.
3. There Is a Statute of Limitations
As with other types of accident, there is a time frame within which you must file your lawsuit for personal injury or property damage resulting from a car accident. This time frame is known as the statute of limitations. For car accident cases, the statute of limitations in Texas is generally two years from the date of the accident. If you do not file a lawsuit within this period, you may lose your right to pursue compensation for your injuries or damages, so it’s important to act promptly.
4. A Car Accident Attorney Can Help
You wouldn’t expect to have to rewire your house yourself or do your own medical examination, so why would you feel like you had to act as your own advocate? When you need help, it’s best to consult a specialist rather than going it alone. An attorney will protect your rights and advocate on your behalf, especially if the other party disputes liability or if you are facing a complex case involving multiple parties.
By seeking legal advice early on, you can avoid common pitfalls and strengthen your position in any legal proceedings. Get in touch with us at the Almaraz Law Firm in McAllen TX, to consult with an experienced attorney.
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Almaraz Law Firm
212 W. Nolana Ave. McAllen, TX 78504,
8422 Fountain Circle, San Antonio, TX 78229
701B W. Indiana Ste. 20, Midland, Texas 79701
Hours: Monday-Friday 9:00am - 4:30pm
*Midland, Texas available by appt only*
