Car accidents can be overwhelming, leaving victims with physical injuries, emotional trauma, and financial burdens. In Fort Worth, Texas, understanding the local laws surrounding car accidents is crucial to protecting your rights and ensuring fair compensation. This guide covers the essential aspects of car accident law in Fort Worth, helping you navigate the process with confidence.
Fault-Based System in Texas
Fort Worth, like the rest of Texas, operates under a fault-based insurance system. This means that the driver responsible for the accident is liable for covering the damages. As an accident victim, you can pursue compensation through:
- Filing a Claim with the At-Fault Driver’s Insurance
You can seek compensation directly from the other driver’s insurance provider. - Filing a Claim with Your Own Insurance
If you have additional coverage, such as uninsured/underinsured motorist protection, this can supplement your claim. - Filing a Lawsuit
When negotiations with insurance companies fail, filing a lawsuit against the at-fault party may be your best option.
Understanding how fault is determined is critical. Factors such as police reports, witness statements, and traffic laws play a significant role in establishing liability.
Statute of Limitations
Across Texas, the statute of limitations for filing a personal injury claim related to a car accident is two years from the date of the accident. Missing this deadline can result in losing your right to pursue compensation. It’s essential to act quickly and consult with a local attorney to ensure all paperwork is filed correctly and on time.
Comparative Negligence Rules
Texas follows a modified comparative negligence rule. This means that if you are partially at fault for the accident, your compensation will be reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you cannot recover damages.
For example, if you’re awarded $100,000 but found 20% at fault, your compensation would be reduced to $80,000. In Fort Worth, hiring an experienced attorney can help minimize your assigned fault and maximize your settlement.
Steps to Take After a Car Accident in Fort Worth
To strengthen your claim and protect your rights, follow these steps after a car accident:
- Call the Police
Reporting the accident ensures there is an official record, which is invaluable for your claim. - Seek Medical Attention
Even if injuries seem minor, prompt medical evaluation is crucial for your health and documenting injuries for your case. - Gather Evidence
Take photos of the scene, your injuries, and vehicle damage. Collect contact information for witnesses and the other driver. - Avoid Admitting Fault
Even casual apologies can be used against you later. Stick to factual statements when speaking to police or insurance companies. - Contact an Attorney
Consulting a Fort Worth car accident lawyer can help you navigate the claims process, deal with insurance adjusters, and secure the best possible outcome.
Conclusion
Car accident laws in Fort Worth can be complex, but understanding the basics is the first step toward protecting your rights. Whether you’re dealing with insurance companies or pursuing legal action, having the right knowledge and professional support can make all the difference in securing the compensation you deserve.
