If you were visiting from another state when you were hit in a car accident, you might wonder about your legal rights and options for pursuing compensation. You might even have been traveling from a state that operates under a no-fault system, in which case, car accident victims generally turn to their own insurance for coverage. Working with a local San Antonio car accident attorney can help you understand the law and identify the legal options available to you.
Texas Car Accident Laws
It’s essential to understand the legal framework involved in getting into an accident in Texas. Here are some of the most important laws to know:
At-Fault System
Texas operates under an at-fault system, so the driver who caused the accident is responsible for paying for the victim’s damages, including medical bills, lost income, and pain and suffering. If you have no-fault insurance benefits, those benefits may still be available to you, but you can still make a claim against the at-fault driver. You may be required to reimburse your no-fault insurance provider with some of the proceeds of your personal injury claim.
All Texas drivers are required to maintain certain minimum levels of liability insurance to cover damages they cause to other drivers and passengers due to their negligence. The minimum liability coverage includes:
- $30,000 of bodily injury coverage for one person injured in a car accident
- $60,000 of bodily injury coverage for more than one person injured in a car accident
- $25,000 for property damage
To receive payment under liability coverage, you will need to be able to prove the other driver was at fault.
Modified Comparative Fault
If you contributed to the accident, you can still recover compensation for the accident as long as you were not more than 50% responsible for the accident. Your damages are reduced by the degree of fault apportioned to you. So, if you are found 15% responsible for the accident, your damages are reduced proportionately by 15%.
Jurisdiction
If you’re involved in a car crash and want to file a lawsuit, you generally have the option to file in the state where the defendant lives or where the accident happened. Therefore, if the crash happened in Texas, the case would be heard in Texas, and Texas law would apply.
However, if your case involves damages exceeding $75,000, it could be removed to federal court. Cases in federal court may be more complicated and must be handled by a lawyer licensed in federal court. They could take longer and cost more, so it’s best to work with an experienced attorney to determine what your best options are.
Statute of Limitations
If you file a lawsuit, your deadline in Texas is two years from the date of the accident. If you don’t file your claim within this timeframe, you can forfeit your right to recover compensation through the courts.
Contact Us for Legal Advice and Representation
So, can you file a claim if you were visiting from another state? Yes, if another driver was at fault for the accident. An experienced San Antonio personal injury attorney from George Salinas Injury Lawyers can consult with you and provide you with legal advice tailored to your particular situation. Contact us today for a free case review.