People injured in a car accident in Houston often have the hardest time getting over the trauma. Because the immediate impact of the mishap is such, it can be tough to gain composure right after. There are also many questions that need attention, especially if the accident happened because of the other driver’s fault. Hiring a Houston car accident attorney is your best bet for knowing what to do next. In this post, we are answering some of the most asked questions related to Texas laws and hiring an attorney.
What if two parties share the responsibility for the accident?
Texas is a fault state. If the accident happened because of one driver, they are responsible for the injuries and losses suffered by pedestrians, other drivers, and passengers involved in the accident. However, when there are two drivers at fault, the outcome or the settlement for both parties depends on their share of fault. In such circumstances, the modified comparative fault rule use is used. If you were also to blame for the crash, you could only take legal action against the other party if your fault share is less than theirs. Your settlement will be reduced according to your share of the fault.
Do you need to inform the police?
The short answer is yes. Informing law enforcement at the earliest is always a wise thing to do, especially when an accident has resulted in injury, death, or extensive property or vehicle damage. Also, it is necessary to inform the insurance company at the earliest.
What about the deadline for filing a car accident lawsuit?
If you want to file a civil lawsuit against the party at fault, your deadline is two years from the accident date. Keep in mind that the statute of limitations is only for lawsuits, not insurance claims. You should inform the insurance company without any further delay and within a reasonable time. For wrongful death lawsuits in Texas, the deadline is again two years, but it starts from the date of the deceased’s death.
Do you need an attorney?
Hiring a lawyer after a car accident is not mandatory in Texas, but in your own interest, this is the best thing you can do. Lawyers can negotiate with the insurance company for you and ensure that you get the settlement according to your losses.
Lawyers don’t charge an upfront fee for car accident cases, which is also an advantage.