Texas – March 9, 2021

When individuals are hurt in motor vehicle accidents that are caused by another person, they may be able to recover monetary compensation to assist in the payment of their losses, or life changes.  Speaking with an experienced accident attorney should be a priority as they can guide victims along the proper timeline to file claims and legal actions.  Texas statute of limitations for personal injury and wrongful death actions is two years from the time the injury, or death occurred.  There is also a 180 day period to file a notice against a government entity regarding tort claims and a skilled attorney can adhere to these rules and guidelines, minimizing stress for accident victims.

Proving negligence.

Texas injury lawyers must build a strong case to prove negligence by addressing different factors that may have contributed to an accident.  They are:

  • Environmental – The duty of reasonable care is built upon drivers’ abilities to adjust to environmental and roadway conditions at any point in time. Laws are in place to set examples of safe driving behaviors, such as speed limits, lane changing requirements, and road signs that try to assist in driver navigation.  Speeding is a perfect example of reasonable care, as accidents can easily occur when drivers lose control of vehicles, and accident injuries may be elevated due to speed causing damage and wrongful deathEvidence that proves an absence of ordinary care in addition to the possibility that this absence of care caused the accident.
  • Behavioral – Choices can influence poor judgment and sometimes the specific careless behaviors include driving under the influence of drugs, or alcohol, leading to devastating accidents and causing harms to others, as well as oneself. In addition to DUI carelessness, fatigue can also be considered behavioral negligence.  Driving while exhausted, or driving while intoxicated can cause the body to have slower reaction times and account for a significant number of roadway accidents in the United States.
  • Operational This category refers to traffic infractions and other similar violations.  Operational negligence can involve either the lack of ordinary care, or a violation of a safety law.  Common types include distracted driving, illegal turns, or lane changing, and speeding.  Distracted driving includes activities such as using a cellphone while driving, eating while driving, or talking to passengers while driving. Illegal turns usually involve either unsafe lane changes or left turns against traffic. Excessive speeding  is a factor in about one third of the fatal crashes in the United States.

Damages.

Damage awards requested for economic loss include lost wages, medical bills, medical care, and treatment, plus household expenses; and non-economic damages for pain and suffering, loss of consortium, or companionship are commonly requested.  There is a maximum amount that accident victims may recover depending on what type of government unit is being sued. The state and municipalities allow up to $250,000 per person and $500,000 per incident. All other levels of government allow for $100,000 per person and $300,000 per incident.

Seek legal counsel.

Contact an experienced accident attorney for a consultation, as they can research specific case facts and interpret accident reports, and utilize state, and federal law to support a case’s best outcome toward the compensation of damages. The Cooper Law Firm can file a legal action for damages, or survivor’s benefits when someone is injured, or killed in a driving accident.

Cooper Law Firm
Mailing Address: P.O. Box 2222
Longview, TX 75606

Physical Address: 501 N Third St,
Longview, TX 75601

Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035

 

Sources:

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.74.htm

https://statutes.capitol.texas.gov/Docs/SDocs/CIVILPRACTICEANDREMEDIESCODE.pdf

TEX. CIV. PRAC. & REM. CODE § 33.011(1)

https://www.tdi.texas.gov/consumer/auto-insurance.html

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.601.htm#601.051

 

 

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