Texas Shared
Fault Laws
for Car Accidents
To minimize the amount of money they owe, a very common practice of insurance companies is to say that, you bear partial responsibility for the car accident. Texas law also requires you to file a personal injury claim even though it can be shown that you share any fault for the accident. As long as you are found to be less than 50% liable for the accident, you may be able to recover compensation under the amended comparative negligence rule.
The final settlement or verdict will subtract whatever amount you are considered at fault for the accident, giving you your total recovery. For example, if you receive a settlement amount of $7,000 but are found to be 20% responsible for the accident, you will receive a recovery of $5,600.
Hiring a Car
Accident Attorney
after an accident
Some people think they may manage their own car accident claim and save on lawyers’ fees. Such individuals also find out later that they are unable to bargain for a fair amount. At this point, however, they could have taken measures or acts that harmed their case's value.
You should understand that insurance providers are not out to pay fair compensation; they are out to save cash. That is why, before addressing the claim with the adverse insurance adjuster, you should seek consultation from a Houston car accident attorney.
What damages are available for car accident injuries?
The damages which are recoverable after a car accident include
- Medical/Healthcare expenses
- Loss of income if you were unable to work during your recovery
- Possible punitive damages against a negligent driver
- Pain and suffering damages
- Loss of enjoyment of life damages
Texas Statute of Limitation for Car Accident cases
In Texas, the deadline is two years for car accident cases.
Before the statute of limitations has expired, you must either settle your claim or pursue legal action. You might lose your right to lodge a lawsuit if you exceed the deadline.