Best Car Accident Lawyers El Paso, TX Of 2024 – Forbes

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When you experience a car accident in Texas, it may be overwhelming to figure out what steps to take. It’s important to take into consideration what the process involves, how the attorney fee structure works and what the statute of limitations is in Texas.

When you file a car accident case, there is no monetary risk because lawyers work on contingency, meaning that they take a portion of your settlement if you win, and receive nothing if you lose. We recommend consulting with an attorney if you think you may have a case and discussing with them what the best options are for your unique situation.

Texas Statute of Limitations

A statute of limitations is the amount of time you have to file a case. In Texas, the statute of limitations for car accidents is two years. For example, if you experience a car accident on January 15th, 2022, you have until January 15th of 2024 to file the lawsuit. The case does not need to be settled by this date, but the suit must be filed by then.

The statute of limitations is designed to protect defendants from unfair legal action, as important evidence may be lost, or key witnesses may no longer be able to recall relevant details if too much time has passed. Once the statute of limitations has passed, even the strongest of cases cannot be considered.

Texas Laws for Car Drivers

If you are a driver in El Paso, it’s important to keep in mind laws that could affect your liability and your well-being if an accident occurs.

  • Speeding laws are strictly enforced. In Texas, the maximum speed limit for most highways is 70 miles per hour, although there are a few that have raised the limit to 80 or even 85 miles per hour, the highest speed limit in the country. In El Paso, the penalty for speeding depends on how much above the limit you were driving, if you were in a school zone and other factors. Generally, fines can range from $159 to $558.
  • Seatbelts are required by law. For those over 15, the law states they can be found criminally liable for not wearing a seatbelt. If an adult allows someone under 15 to forgo a seatbelt, they may also be found liable.
  • Texting while driving is illegal. Hands-free use is allowed except for drivers under 18 who may not use any device while driving.
  • There are state minimums for auto insurance. At minimum, drivers are required to carry liability insurance at $30,000 for bodily injury to one person, $60,000 for bodily injury in any one accident, and $25,000 for property damages.

Identifying Fault for a Car Crash

Texas is an at-fault state, meaning that the victim in a car accident will file a claim with the responsible party’s insurance company.

Texas also uses modified comparative negligence laws, meaning that if the victim played a role in their own injuries–such as failing to wear a seatbelt–the victim may share some responsibility for their injuries, affecting the compensation they may be entitled to.

A victim may recover a percentage of their damages, so long as the victim was not more than 50% responsible for the damages. For example, if a victim is found to be 25% responsible for the damages, then they can seek compensation for the other 75% of the damages.

Under modified comparative fault, if it is determined that the victim was 50% or more responsible, they are unable to receive compensation.

You may be wondering how fault or comparative negligence is determined, and in some cases, it can be quite complicated. Generally, police reports, security footage, photos and videos of injury or damage and witness testimony are used to determine who was at fault and if the victim played any role in their injuries.

How Can an Attorney Help You?

A lawyer can help protect your rights, ensure the process is completed correctly and promptly, and can help you get any compensation you are entitled to. Insurance companies have lawyers dedicated to protecting their assets, and not having a lawyer places you at a disadvantage in the case.

Attorneys in car accident cases are usually paid on a contingency basis, meaning they take a portion of your compensation if you win or settle, but don’t get paid if you lose. This arrangement encourages attorneys to only take on cases they believe will win a settlement or verdict. This also allows you to pursue a case without a large monetary risk, although keep in mind that additional fees–such as the fees to file–may still apply.

After you decide on an attorney to work with, they will discuss the process of filing a claim. Once the claim has been filed, your lawyer will first work to negotiate a favorable settlement, which may include payment for medical bills, lost wages and property damages, as well as compensation for the pain and suffering the accident caused.

Your lawyer will collect any documents and evidence that may be used in your favor so you can receive the maximum monetary benefits possible.

While about 95% of cases are settled, there is always a chance it will go to court if you and the insurance company are unable to come to a reasonable agreement. We recommend finding an attorney with trial experience so that you will be well-prepared if the case goes to court.

It is possible to file the claim without a lawyer, and this may be a good option if the other person involved admits responsibility, but you will have to learn the process of filing the case yourself. For those who want to avoid paying their attorney a portion of the settlement, this may be the best decision. However, in cases that aren’t as cut and dry, it is often wise to consult with a lawyer.

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