Are Most People Aware of Auto Accident Laws in Texas?
May 26, 2022
Most people are generally not familiar with the laws and statutes related to auto accidents in Texas. This is an advantage to the large corporations and the insurance companies. They know they are going in the business of litigation. Therefore they make contributions to politicians, have lobbyists who try to influence legislators and have a lot of influence when it comes to making the laws.
Accident victims, by and large, have absolutely no warning they are going to be involved in an accident and coming up against the insurance system. In most cases they have never thought about it. They aren’t sending contributions to politicians. They aren’t employing lobbyists to make sure that the laws are favorable to them.
This is not a fair fight. People involved in auto accidents have to hire a personal injury trial lawyer in order to make it a fair fight.
What Are the Time Limits for Bringing an Auto Accident Claim in Texas?
In Texas, the statute of limitations for bringing a claim based on negligence, which would involve most car accidents, is two years. Therefore the case has to be filed on or before the 2-year anniversary from the date that the accident happens, or in most cases, there is no chance for financial recovery of damages.
Are There Any Exceptions for Minors or Children Involved in Auto Accidents?
A child under 18 years of age has two years from his or her 18th birthday to file a personal injury claim. Additionally, if someone is involved in an auto accident and is under Legal Disability, meaning he or she is mentally incompetent or for people in military service who are out of state, those cases are also an exception.
What Are the Steps Someone Should Take After Being Injured in An Auto Accident?
Obviously the first thing to do if someone is injured in an auto crash or wreck is to take care of himself or herself and any other passengers in the car. Do not ever get out of a car at the intersection or on the freeway or anywhere where you might be struck by another vehicle.
So-called second accidents occur often in these situations and many times are fatal. After an auto crash or collision, the first thing to concern oneself with is safety. After making sure that everybody is safe and out of the roadway, then an individual should start processing and recording as much information as possible. It may be a case where the driver in the other car may runoff. Hit and run cases occur all of the time.
It is always important to record the license plate number of the other vehicle and get the make, model, and color, if possible. Additionally, it is always a good idea to get a physical description of the other driver, as well. If there are any witnesses, their names and contact information should be taken down as well. People should never assume that the police are going to get all of the relevant information at the scene, as they are very busy doing their jobs. Information may not be recorded accurately or witnesses will not necessarily hang around long enough for the officers to come.
There are a lot of big cities where if it is just a fender-bender or a property damage type of crash, the police don’t even come out. They tell the people to move the cars to safety and exchange information because they are busy working injury accidents or investigating robberies and homicides.
So again, the best advice for people in a crash is to get the names, numbers and addresses of any witnesses. Record the basic facts, such as where the crash took place and what was happening at the time. People should take pictures of the cars and of the intersection and record all the information possible. After all that has been completed, it is time for the individual to call the insurance company and get the report going right away.
For more information on Auto Accident Laws In Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by today.