If you have been injured in a Texas car accident, filing a lawsuit might be the last thing on your mind. When you are trying to recover and put your life back together after a crash, suing can seem complicated and confusing. You may feel like you have no idea where to start—you might not even know whom to sue.
Texas is a so-called “fault state” for motor vehicle accidents, meaning the at-fault driver is responsible for paying for damages from a car accident. An experienced Texas car accident attorney can determine who is liable and maximize your chances at fair compensation.
What Are Your Legal Rights Following a Texas Car Accident?
Texas law provides that in the event of a car accident, the liable party is responsible for paying for any damages they caused. To succeed in a claim against the liable party, you must first establish that they acted negligently.
How Can You Prove Negligence in a Texas Car Accident?
To prove negligence in a car accident, you must establish the following elements in your case:
- Duty: The other driver owed you a duty of care. All drivers must drive safely and prevent harming others on the road.
- Breach: The other driver breached this duty of care with their actions or omissions
- Causation: The other driver’s actions caused your injuries
- Damages: You suffered damages as a result of the defendant’s actions and are owed compensation
An experienced car accident attorney knows Texas negligence laws and can build a case establishing all the necessary elements before you file suit.
What Does Negligent Driving Look Like?
Negligent driving can take many forms, such as the following:
- Drunk driving or driving while intoxicated
- Distracted driving
- Failing to obey traffic rules
- Reckless or careless driving
- Fatigued driving
What Evidence Do I Need To File a Car Accident Lawsuit in Texas?
To succeed in a car accident lawsuit in Texas, you must provide evidence establishing the at-fault parties’ negligence. The more evidence you can present, the stronger your case will look at the negotiation table or in court.
Important evidence that you should gather includes the following:
- Police reports
- Eyewitness statements
- Photos
- Video footage
- Medical records
- Receipts for related expenses, such as medical bills or car repairs
While this can seem daunting to collect in the aftermath of a car accident, don’t let it deter you from pursuing a lawsuit. A reputable car accident attorney can investigate and gather this evidence to build the strongest claim.
What Is the Statute of Limitations for Car Accident Claims in Texas?
The statute of limitations for car accidents in Texas is typically two years from the accident date. While there are some exceptions, there is no guarantee that one will apply. Once this deadline has passed, you lose the ability to sue for damages arising from the accident.
Two years may seem like a long time, but acting quickly is important if you’ve been in a car accident. The longer you wait to file suit, the more difficult it becomes to gather evidence, such as witness interviews and video footage. Talk to a car accident lawyer promptly after a car accident to maximize your chances of recovering the compensation you deserve.
Contact Shamieh Law if You’ve Been Involved in a Car Accident in Texas
For a free case review with an experienced Texas car accident attorney, contact Shamieh Law today. With offices throughout Texas, we’re ready to help you. We can review your case, investigate your accident, determine who is liable, gather evidence, and pursue the full compensation you deserve.
Call us at (469) 813-7332 or reach out through our website.
