Why Should I Hire a Local Texas Car Accident Attorney?
Securing the services of a local Texas car accident attorney is invaluable for residents who have been physically or emotionally affected by a motor vehicle accident. A local lawyer offers not just legal expertise, but also a nuanced understanding of local practices and the community at large. They will negotiate with insurance companies, who often aim to minimize payouts, to ensure you receive fair compensation. Given that even minor injuries can result in significant medical expenses and emotional stress, a Texas-based attorney can provide targeted and knowledgeable support during this challenging time.
What is the Statute of Limitations for Automobile Accidents in Texas?
The statute of limitations for filing a car accident claim in Texas is two years. Failure to file within this period may result in the forfeiture of your right to legal recourse.
Which Standard of Negligence Applies in Texas?
Texas utilizes a system known as “Modified Comparative Negligence,” also termed “Proportionate Responsibility” under Texas Civil Practice & Remedies Code § 33.001. Under this system, a damaged party is unable to recover any compensation if they are found to be 51% or more at fault for the accident.
Is Texas a Fault or No-Fault State for Automobile Accidents?
Texas is a “Fault” state, meaning the party found to be responsible for the accident is liable for the damages incurred by the other party.
What Are the Automobile Insurance Requirements in Texas?
Texas mandates that drivers carry a minimum of $30,000 in coverage for injuries per person, with a total cap of $60,000 per accident. In addition, drivers must have at least $25,000 in coverage for property damage. Although not mandatory, personal injury protection (PIP) and uninsured/underinsured motorist coverage (UM/UIM) are included in all policies, but can be rejected in writing by the policyholder.
What are the Insurance Requirements for Rental Cars in Texas?
Texas does not have specific statutes or case law governing insurance requirements for rental cars. It’s important to review the terms of the rental agreement and compare it to the renter’s own liability policy to ascertain which takes precedence. Rental companies may offer optional damage waivers, but these are not considered insurance. Furthermore, any waiver must include specific disclosures, presented in at least a 10-point font, indicating that the waiver is not insurance and outlining mandatory charges and prohibitions.
What Guidelines Must I Follow After an Accident in Texas?
Texas law mandates the filing of a Crash Report, also known as a “Blue Form” or Form CR-3, if an accident results in injury, death, or property damage exceeding $1,000 and law enforcement did not attend the scene. After ensuring everyone is safe and administering first aid if required, you should exchange contact and insurance information with all parties involved. Witnesses should be identified, and their contact information recorded. It’s also advisable to note the weather and road conditions at the time of the accident. For additional guidance, consult the Texas Department of Transportation (TX DOT) webpage dedicated to Crash Reports.
How are Liability Decisions Made in Texas?
Liability decisions in Texas are contingent on the evidence provided, existing Texas law, and other influential factors. To secure a favorable outcome, the claimant needs to provide substantial evidence of the other party’s negligence. Depending on the evidence, the claimant may be offered a settlement or may opt to pursue formal legal action. If the case advances to court, a judge or jury will ultimately decide the liability and determine the amount of compensation.
Where Can I Find the Necessary Resources?
The Crash Report Form CR-3 must be submitted to the Texas Department of Transportation within 10 days of an accident if it wasn’t investigated by law enforcement and resulted in death, injury, or property damage exceeding $1,000. The form can be found on the TX DOT website.