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Car accident damages rules in Texas

On Behalf of | Dec 23, 2021 | Personal Injury

The volume of cars driving in the state of Texas is enormous. With so many commuters and commercial vehicles on the roads, accidents become unavoidable. Not all accidents leave someone suffering severe injuries, but even property damage has its costs. Those who suffer bodily harm or property losses in a collision may seek compensation, and Texas law establishes what accident compensation is possible.

Fault, negligence, and recovering losses

At the core of any personal injury lawsuit is a negligence claim. Victims must prove the other person was at fault for the vehicle accident. If a driver sped through a red light, the two moving violations might establish negligent behavior.

However, even the victim could be partially at fault. For example, one driver may go through a stop sign and hit another driver who drove straight into the intersection, illegally ignoring a “right-hand turn only” sign. Litigants may still pursue damages based on Texas’ “modified comparative negligence” statute. Such laws allow a judge or jury to determine levels of fault when considering damage awards.

Seeking damages after suffering in an accident

Texas does impose limitations on damages recovered in an accident. Exemplary damages come with caps, and limits exist when the accident results when a public servant performs a job or claims come from community service actions.

The types of damages sought after a car accident include damage to a vehicle, medical expenses, property damage, lost wages, and more. An insurance claim might cover such losses, but a civil suit could be unavoidable in some cases.

Plaintiffs should realize there is a statute of limitations window in effect. After two years pass, the statute of limitations expires.