As the most populous city in the state, Houston has busy roads around the clock. Unsurprisingly, a significant number of traffic mishaps are reported in the city each month. If you were injured in such a car crash, it is absolutely pertinent that you find an excellent legal expert to advocate for your rights. A capable and experienced Houston Car Accident Lawyer can offer the right advice to help protect your claim and recover a settlement from the party responsible for the situation. For your help, here is an overview of Texas laws.
Texas is a fault state for auto accidents
States that follow a no-fault system for car accidents require drivers to turn to their respective insurance companies for compensation. That’s not true in Texas, as it follows a standard fault-based system. You can recover damages from the other party’s insurance carrier by filing a third-party claim.
Texas has a statute of limitations
Like most states, there is a statute of limitations in Texas, too. If you want to file a direct civil lawsuit to sue the at-fault driver, you must initiate the proceedings within two years. The deadline remains in place for cases covering property or vehicle damage, too. Note that if you decide to first file an insurance claim with their insurer, which is the typical thing to do, you will lose some time in the process. As such, it is best to have enough time on the watch to explore the legal options.
The modified comparative fault rule
If you are also responsible for the crash, you can still file a lawsuit against the other party. However, when your fault is more than 50%, you cannot recover anything. If the case goes to trial, the jury will consider the fault share of the parties involved, and even when one wins, their compensation will be adjusted accordingly.
Talk to an attorney
As you may guess, car accident laws are complex with numerous variables. Consult an attorney if you believe your role during and after the mishap is questionable. Find an injury lawyer in Houston who specializes in such matters, and they will give you a realistic overview of the circumstances.
Most law firms will not demand an upfront fee and take the risk of working on a contingency arrangement, but if you win, you must forego the percentage stated as the payment for your attorney. Schedule an appointment now!