Cruising through the vast landscapes of Texas is an adventure, but what happens if your road trip takes an unexpected turn with a car accident? The city is known for its wide-open spaces, but unfortunately, it also sees its fair share of car accidents.
In fact, according to the Texas Department of Transportation (TxDOT), a car accident occurs every 57 seconds on average. That equates to around 1,680 crashes per day!
That’s why whether you’re a Texan or just passing through, understanding the laws regarding car accidents is crucial. Here’s a guide to help you navigate the complexities of a car crash, ensuring you’re prepared no matter what happens on the road.
Let’s dive in!
Understand Comparative Fault Rules
Texas operates under a “fault” system, which means the individual responsible for causing the accident is liable for all resulting damages. This includes medical expenses, property damage, and other related costs.
As a traveler, it’s crucial to determine whether you should file a claim with your own insurance or pursue a claim against the other driver directly.
The state also follows a modified comparative fault rule. Under this system, if you are found to be partially responsible for the accident, your compensation could be reduced proportionally to your degree of fault. Notably, if you are more than 50% at fault, known as the 51% bar rule, you may be ineligible to receive compensation.
Understanding this rule is vital as it significantly influences potential recovery, primarily if the other party contends that you were partly at fault.
Consult An Attorney
Navigating the legal landscape after a car accident away from home can be daunting, especially in Texas’s strict legal environment. To deal with such cases, it is crucial to contact an attorney who is familiar with the local laws. They can provide the guidance you need.
They can help you with important steps, such as filing a police report and understanding the local traffic rules, which could significantly enhance your case outcomes. In fact, according to the Herrman & Herrman Texas car wreck lawyers, it’s imperative to report any accident involving injury, death, or substantial property damage to the police. This report can serve as crucial documentation in insurance claims or potential lawsuits.
An experienced attorney will ensure your rights are protected while helping to gather and document evidence to support your claim effectively.
Time Limits for Insurance Claims
Handling insurance claims after an accident in a state you’re not familiar with can be complex. Different states have varying coverage limits, so it’s essential to understand the specifics of your policy thoroughly. This will enable you to provide accurate information to your attorney. Your lawyer will handle communications and negotiations with your insurance company on your behalf.
Apart from this, be aware that the city has a two-year statute of limitations for personal injury claims. This timeframe is crucial because you lose the right to seek compensation if you miss it. As a visitor, it’s critical to start this process promptly, particularly if you plan to return to your home state soon. Therefore, contact your attorney immediately after an accident to relay the details and get expert guidance.
Local Traffic Laws and Regulations
Familiarize yourself with Texas’s local traffic laws and regulations; it poses strict rules. Different places may have unique driving rules, speed limits, and road signs. Understanding these laws can help you avoid potential fines, legal issues, and accidents.
Additionally, knowing the local regulations can assist you in navigating unfamiliar roads more safely and confidently.
Rental Car Accidents
If you are traveling on a rental car, there are some crucial aspects you need to consider. Post-accident immediately informs the rental company of the accident. They will guide you through the steps to follow, which can typically include filing a report with them and possibly their insurance company.
It’s crucial to understand the insurance coverage stipulated in your rental agreement. Many rental contracts offer various levels of coverage, which can protect you financially in the event of an accident. Additionally, check if your personal auto insurance or credit card offers coverage for rental cars, as this can further protect you from out-of-pocket expenses.
Rest assured, call your attorney. They will provide guidance on how to handle potential disputes or liability issues that may arise.
The Final Thoughts
Being involved in a car accident while traveling can be overwhelming, but understanding the legal landscape in Texas can help you navigate the situation. Remember to prioritize your safety, gather information, and seek legal counsel. With preparation and knowledge, you can ensure a smoother recovery and protect your rights.
