Best Car Accident Lawyers Arlington, TX Of 2024 – Forbes

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When you’re wondering about your rights after a car accident in Texas, start with this overview of the lawsuit process and basic requirements to get you started. Working with a lawyer after a car accident is also important to fully understand your rights and the requirements for filing a car accident lawsuit in Texas.

Texas Statute of Limitations

Car accident lawsuits are considered personal injury claims in Texas. This means that they are subject to a two-year statute of limitations. In order to file a lawsuit for your claims, it must be initiated within two years of the accident.

Time constraints can sometimes be shorter depending on the circumstances of the accident. Seeking a qualified attorney to help evaluate your claim quickly is the best way to ensure you don’t miss deadlines.

Texas Laws for Car Drivers

The following laws apply to all car drivers in Arlington, and may be relevant in a car accident lawsuit:

  • Speed Limit. Speed limits are set by city or county government officials, or by the Texas Department of Transportation. Texas law generally sets the maximum speed at 70 mph, although speed limits as high as 85 mph can be set for specific roads.
  • Seatbelts. Texas law requires all car passengers over age 15 to use a seatbelt, and requires children under 8 years old and under 4’9” to use a child passenger safety seat system. Adults who do not require children 17 and younger to wear a seatbelt or be secured in a car seat can also be liable under this law.
  • Texting. Sending or receiving text messages while driving is against Texas law. Cities, including Arlington, may also adopt local laws against texting while driving. Arlington has a city law banning texting or otherwise using a cell phone in the car other than for making a phone call.
  • Insurance. Car drivers in Texas are legally required to carry liability insurance. The minimum amount of insurance must be $30,000 for bodily injury per person, $60,000 for total bodily injury liability, and $25,000 for property damage.

Identifying Fault for a Car Crash

In Texas, whether you were at fault for a car accident is an important consideration. Texas law applies a modified form of comparative negligence to these cases, often called proportionate responsibility. What this means is you must have been 50% or less at fault for an accident to recover in a lawsuit.

Assuming your fault is found to have been 50% or less, your recovery can also be lowered by the percentage of fault assigned to you. For example, if your damages are estimated at $100,000, but you are deemed to be 15% at fault for the accident, then your maximum recovery would be $85,000.

Sorting out fault percentage can be complicated, but usually relies on evidence such as policy reports, photos, videos and witness testimony. An attorney can help you assess an estimated fault percentage and advise you on likely outcomes.

How Can an Attorney Help You?

After a car accident, your first priority should be healing from any injuries. Once you are ready to pursue your rights, an experienced attorney can help you by:

  • Evaluating your rights. Your lawyer can first help by evaluating your case and providing reasoned advice as to what you may be entitled to recover.
  • Communicating with insurance representatives and other parties. Take some of the stress out of necessary communications about your claim by turning that responsibility over to your lawyer. Your lawyer will then communicate important details back to you.
  • Advocate for your rights. Whether in a court trial or in negotiations, your lawyer will work on your behalf to ensure you receive a fair outcome.

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