The Impact of Texas Laws on Your Auto Accident Lawsuit in San Antonio
With as much as Texans drive, accidents are bound to happen. According to the Texas Department of Transportation, an automotive accident occurred once every 57 seconds in 2022. These accidents can cause injury to drivers and passengers, inflict emotional distress, and saddle you with financial burdens. If you or a family member have been injured in an automotive accident it’s important to understand the impact of Texas laws on your auto accident lawsuit before enlisting the help of an attorney to ensure that you are properly represented in your auto accident settlement in San Antonio.Important Things to Know
- Reporting an accident and Statute of Limitations
- Fault vs. No-Fault State
- Comparative Negligence Rule
In Texas, you are required to report an accident to the local sheriff or police department if one of the following has occurred:
- Any persons have been injured or killed
- The vehicle cannot be driven safely away from the scene of the accident
The statute of limitations on filing a claim in Texas is up to two years, depending on the level of harm caused to persons or vehicles. Once you have reported your accident, it’s wise to consult an auto accident attorney in San Antonio to ensure you are properly compensated.Texas Is an at Fault State
In the event of an accident, it’s important to know where your state stands on fault when it comes to filing an insurance claim.
In a no-fault state, all parties are required to have a personal injury insurance plan in addition to their basic liability coverage and must use this insurance to pay for their own injuries before suing for their cost.
Thankfully, Texas is what’s known as an add-on state, meaning that while you have the option of adding a Personal Injury Protection plan to your health insurance, you are not required to and the process of filing a claim is the same as it is in an at-fault state. Therefore, it might take your claim longer to be processed and there is no threshold of injury or medical expense that bars you from filing a claim.
In the event that you are found at fault for your automotive accident, it’s important to consult a lawyer as soon as possible to help find the right way to file your claim.Comparative Negligence
Even if both parties took the utmost precaution to prevent the accident, negligence can play an important role.
For the purpose of your claim these are the factors of negligence to be aware of:
- Duty - Were both parties following the law?
- Breach of Duty - Was an action that could have prevented the accident not taken?
- Cause in Fact - Was the injury caused by this Breach of Duty?
- Proximate Cause - Was it obvious that the Breach of Duty would cause injury?
- Damages - What harm was done to the plaintiff?
In Texas, there is an added law of Comparative Negligence, which requires that the payment from the settlement be divided based on fault in the accident. So, if you are held 70% responsible, you will only receive 30% of the total settlement.
Because of this rule, it’s vital to have the best auto accident injury attorney in San Antonio on your side. To ensure that you have the best representation for your accident claim, look to an experienced serious auto accident attorney at Carabin Shaw.
Don’t just take our word for it, consult Carabin Shaw’s client reviews and then call a member of our team toll-free at 800-862-1260. We have English and Spanish speaking staff available 24/7 to set up your free case review / initial consultation.
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