The state of Texas utilizes fault-based proceedings when making determinations in auto accident cases. Through these proceedings, an accountable driver is identified based on the cause of the accident. If DUI was the cause of the accident, a criminal and civil case may result from these occurrences.
Reviewing Auto Accident Laws
All auto accident victims in the state of Texas have up to two years to file a claim in court. Any failure to file prior to the second anniversary of the accident forfeits all rights to damages. An accident report is required with all accident claims and must show that the claimant was less than fifty percent at fault for the accident. The state upholds rulings based on the comparative fault in which the award is reduced based on a shared fault. To determine if a shared fault existed in your case, contact an Auto Accidents Attorney today.
When DUI is Involved
Drivers who choose to drive while intoxicated, and cause accident could face further criminal penalties. However, the victim who sustained injuries maintains the right to file a claim for medical expenses and property damages in civil proceedings. In these cases, it is less likely that comparative fault is utilized unless both drivers were under the influence at the time of the accident.
Should You Accept a Settlement
To protect your interests, you should allow your attorney to speak to the other party’s lawyer and insurer on your behalf. A common practice to prevent you from acquiring the damages you deserve is for an insurer to contact you directly to acquire information. They utilize this information to discredit your claim or to reduce your award. Your attorney is familiar with negotiating a settlement that reflects a more appropriate amount based on your injuries.
Victims in the state of Texas maintain the right to file for damages for two years following an automobile accident. However, any case involving a government employee or official could reduce the statute of limitations. To make clear distinctions about these personal injury cases, victims should contact an Auto Accidents Attorney to acquire more information about these proceedings.
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