If you are involved in a car accident in Texas, be prepared as there is a lot to learn and understand. Each state has its own set of laws regarding automobile accidents and a car accident is no different. Texas has a “modified” comparative fault rule, which affects any litigation you may file or consider filing if you were even partially at fault in the accident.
Statutes of Limitations
Every state has a statutes of limitations regarding how long you have to file traffic accident claims. In Texas, you have two years from the date of the accident to file a claim for personal injury or property damage (Texas Civil Practice Code Section 16.001). You need to call an experienced personal injury attorney who knows the law when it comes to motor vehicle accidents.
The two-year time constraint is only for cases filed in court. It does not relate to claims filed with your insurance company. Also, the two-year limit will probably not apply to accidents that might be the fault of the government or a government employee; these types of cases require an administrative claim, which needs to be filed within ninety days by your personal injury attorney.
Modified Comparative Fault Rule
Texas uses a “modified” comparative fault rule to decide what to do when the person seeking compensation is also found partly at fault for the accident. Generally, under this rule, once the amount you will be awarded for your losses is determined, the percentage of your role in the accident is assessed. For example, if it is determined that you are 30 percent at fault and the other party is 70 percent at fault, then you would get 70 percent of the total damages awarded. This rule is in effect as long as your fault is less than 51 percent.
Call an experienced personal injury attorney with the Aqrawi & Associates Law Firm, PLLC today toll-free at 1-844-LAW-2121 to find out what your rights are; file your personal injury lawsuit for you; file any claims for third party insurers; and take it all the way to trial if necessary.