If you are involved in a car accident in Texas, be prepared as there is a lot to know and understand. Each state has its own set of laws regarding automobile accidents and a Dallas 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. If you’ve been injured in a motor vehicle collision in the Dallas-Ft. Worth area, speak at once to an experienced Dallas auto accident lawyer with the Weaver Injury Law Firm.
Statutes of Limitations
Every state has a statutes of limitations regarding how long you have after auto accidents to file traffic accident claims. Each state’s statutes are different. In Texas, you have two years to file a personal injury or property damage case related to a car accident (Texas Civil Practice Code Section 16.001). The two years start from the date of vehicle accidents. You need to call an experienced Dallas 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 Dallas car accident 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. Assume it is determined that you are 30 percent at fault and the other party is 70 percent at fault, you would then get 70 percent of the total damages awarded. This rule is in effect as long as your fault is less than 50 percent.
Call an experienced Dallas auto accident lawyer with the Weaver Injury Law Firm today 214-238-9000 and find out what your rights and options are. The law firm is built on its record of success. A Dallas car accident lawyer with the Weaver Injury Law Firm will file your personal injury lawsuit for you, file any claims for third party insurers, and take it all the way to trial if necessary.