Motor Vehicle Accidents: Fault and Liability

Car Accident

 

Injuries that are a result of car accidents can have devastating effects on a person’s everyday life. Cases can be confusing, stressful, and frustrating. Here are a few basic facts about motor vehicle accident fault and liability.

Statute of Limitations for Texas Car Accident Cases

There are limits on how long you can wait before filing a lawsuit. These rules are called “statute of limitations,” and the length of time varies from state to state. In Texas, the statute of limitations is two years from the date of the accident for filing a personal injury or property damage case. It is important not to wait until the last minute when filing your case. Waiting can have a negative effect on your claim, make sure to speak to an attorney as soon as possible after your accident.

Modified Comparative Fault Rule

The common question in car accidents is “who is at fault?” Each state has approached this question in different ways. Texas has adopted a comparative fault rule. This means that a person who is seeking damages can be still found to be partially at fault for the accident. The percentage that you were found at fault can impact the amount of damages you receive.

Texas Discovery Rule

The discovery rule is meant to modify the statute of limitations in personal injury law. This rule focuses on when the injury was first discovered or when it should have been reasonably discovered. Texas has a limited version of this rule. This means an injured party must be diligent in reasonably discovering their injury. If you were in a car accident and think you may be injured further than you initially thought, make an appointment with a medical professional to get it checked out as soon as possible.

If you have been in a car accident and have suffered damages, a competent, trustworthy attorney can help get you back on your feet. For more information on your rights and entitlements, or to receive an evaluation, contact Dashner Law at 1-877-4-Dash-Law