After a car accident in Texas, you might need to navigate all kinds of laws and regulations. Ordinary people have limited legal knowledge – and this is completely understandable. After all, you have your own career and family to focus on – and barely anyone has time to study law in their free time. The good news is that you do not need to become a legal scholar to pursue legal action after a car crash in Texas. Instead, you can rely on a lawyer to explain complex laws while guiding you toward the compensation you need.
Texas is an At-Fault or “Tort” State
Like most States in the country, Texas follows an “at-fault” system when it comes to car accidents. Under this system, injured plaintiffs must prove negligence if they want to recover compensation after their car accidents. In other words, they must establish that their injuries were caused by someone else.
A few other states follow a “no-fault” system. Under this system, motorists do not need to establish negligence before pursuing compensation. Instead, they can simply pursue compensation from their own insurance policy without proving much at all. While this system makes it easy to recover compensation in many situations, it does not include non-economic damages.
In contrast, filing a personal injury lawsuit after a car accident in Texas makes you eligible to pursue non-economic damages. These losses are non-financial in nature, but they can be completely life-changing. Examples include post-traumatic stress disorder (PTSD), depression, anxiety, loss of enjoyment of life, disfigurement, emotional distress, and many others. These damages can be highly lucrative, but they can also be difficult to prove due to their abstract nature.
Texas is a “Modified Comparative Negligence State”
In Texas, you must prove negligence if you want to pursue compensation for your car accident injuries. That being said, you can still pursue compensation even if the other driver was not 100% responsible for your injuries. You can even pursue compensation if you partially caused your own injuries. For example, you might have been speeding when you were struck by a drunk, distracted driver. You may be able to file a personal injury claim in this situation thanks to Texas’ “modified comparative negligence” system.
Comparative negligence allows you to sue even if you were partially responsible for your accident. However, Texas’s system is “modified,” which means that there are limits. Specifically, you cannot pursue compensation if you were more than 50% at fault for your own accident. As long you can prove that you were not the “main contributor” to the accident, you can still pursue some degree of compensation.
Note that your total compensation decreases depending on your level of fault. If you were 50% responsible for your accident, you can only recover 50% of your “default” compensation. If you were 25% at fault, you can only recover 75% of this compensation. If you were 15% at fault, you can only recover 85% of the compensation – and so on.
If you were partially to blame for the accident, it makes sense to lower this percentage as much as possible. An experienced car accident lawyer in Texas can help you prove that your level of fault was low – ensuring you receive maximum compensation. In some cases, it may be possible to prove that you were 0% to blame for the crash.
The Pre-Trial “Discovery” Phase
Another relevant set of laws has to do with a pre-trial phase called “discovery.” During this phase, both parties have the opportunity to gather as much information as possible about the crash. Texas has strict rules when it comes to discovery, and each party must disclose any information that might be relevant to the upcoming trial. These rules allow you to request all kinds of documents from the defendant.
Of course, the rules of discovery go both ways. The defendant and their legal team might request all kinds of documents from you. As long as these documents are relevant to the case, you must disclose them.
Should I Contact a Texas Car Accident Lawyer?
If you are recovering from car accident injuries in Texas, consider contacting a lawyer at your earliest convenience. Although these laws and regulations may seem daunting, they may be easier to navigate than you realize – especially with an experienced attorney at your side. Choose Hernandez Law Firm, and you’ll work alongside a car accident lawyer who has spent years helping injured car accident plaintiffs. Call for a free consultation today to learn more about the next steps at (936) 256-3115.
