Dallas Personal Injury Attorney Blog

In 2007 alone, 3,363 people died in automobile accidents in Texas, the second most of any state in the United States. The number of non-fatality accidents, resulting in injuries of all kinds, including head, neck and back, dwarfs this number. At some point, you will be in a car accident. And when you are, it’s critical that you are aware of the unique aspects of Texas law regarding automobile accidents.

Two important Texas legal standards applicable to automobile accidents are “foreseeability” and “proper lookout”. The first states if a driver “foresee[s] that his conduct will involve unreasonable risk of harm to other drivers or to pedestrians,” has a “duty” to act in a reasonable manner to avoid that risk. The “proper lookout” standard essentially says that it is the driver’s duty to pay a sufficient amount of attention and care to the various factors which affect his or her vehicle. Failure to maintain “proper lookout,” resulting in an accident, means that the driver could be found at fault, or “negligent”.

After an accident, insurance companies get involved in order to determine whose fault the accident was. This process is pivotal, since the determination of fault or negligence will ultimately determine how damages are rewarded. Texas has a proportional comparative negligence law that follows the 51% bar rule. This means that if someone is found to be 51% negligent in an accident, they are barred from seeking any damages. Thus, the insurance company’s determination of fault could mean the difference between compensation for your injuries and receiving nothing. Whether the other driver is uninsured or underinsured also has to be taken into account.

Another important factor is statute of limitations. In Texas, there is a two year statute of limitations for filing a claim involving personal injury, damages for medical bills, lost wages, and/or pain and suffering. There is a four year statute of limitations for any claim involving property. Failing to file a claim within these time frames means there is no chance at compensation.

The unique laws of the state of Texas regarding automobile accidents can make it difficult for those involved to determine their rights. That’s where the experienced attorneys of Polewski & Associates can help. Schedule an auto accident consultation to get our knowledge and experience in Texas law working for you.