Highway car accidents in Colleyville can lead to catastrophic injuries and death due to the drivers speeding. When you are injured in a highway crash due to the suspected negligence of another driver, an attorney could help determine if you have a valid personal injury claim.
Compensatory damages are not limited to economic losses, such as medical bills, lost salary, or lost earning potential. You may also recover for noneconomic damages, such as your pain and suffering or lost quality of life. Reach out today to learn more about your case.
The Court Considers a Victim’s Negligence When Awarding Damages
The state has several special rules for personal injury claims that can impact a Colleyville highway car crash victim.
Many states completely prohibit a plaintiff’s ability to recover damages if their own negligence contributed to the incident at issue. Under the state’s modified comparative negligence doctrine, a victim who was also negligent can still recover damages provided their negligence was not over 50 percent responsible for the crash.
Under Texas Civil Practices & Remedies Code § 33.001, a victim cannot recover damages if they are above this threshold. In cases of comparative negligence, courts are required by Tex. Civ. Prac. & Rem. Code § 33.003 to determine the applicable percentage of fault for all parties involved.
If a plaintiff is under the threshold, courts will reduce their damages by the percentage of fault in causing the crash under Tex. Civ. Prac. & Rem. Code § 33.003.
Additionally, the court can dismiss a plaintiff’s claim if the lawsuit is not brought within the applicable statute of limitations. Tex. Civ. Prac. & Rem. Code § 16.003 requires that plaintiffs bring claims for personal injury within two years from the date of the accident.
However, an attorney could help analyze if there are applicable exceptions if the statute of limitations has seemingly passed. State law provides limited exceptions for instances such as claims brought by individuals who were injured as minors. The two-year deadline starts tolling when they turn 18.
For a free legal consultation, call (817) 775-5364
Negligence Claims Survive Even in the Event of the Victim’s Death
When a victim in Colleyville dies due to the at-fault party’s negligence in a car crash on an interstate, they still have their right to legal recourse. The state’s wrongful death statute, Tex. Civ. Prac. & Rem. Code § 71.004, provides that a victim’s surviving spouse, children, siblings, or parents can bring a wrongful death action to recover damages.
The statute only applies if the victim was entitled to bring the personal injury action had they survived. If no surviving family member has brought an action within three months, the state allows the executor or administrator of the deceased’s estate to file the lawsuit.
The state also allows wrongful death actions if a pregnant mother’s unborn child was killed in the accident, according to Tex. Civ. Prac. & Rem. Code § 71.001. Additionally, the right to bring a wrongful death claim applies to all stages of gestation, from fertilization to birth.
If the alleged at-fault party also dies in the accident, Tex. Civ. Prac. & Rem. Code § 71.008 provides that the injured victim can pursue the wrongful death action against the deceased defendant’s estate.
Tex. Civ. Prac. & Rem. Code § 71.009 of the wrongful death statute also provides that a plaintiff can pursue exemplary damages, in addition to actual damages, if the at-fault party willfully acted with gross negligence.
Colleyville Highway Accident Lawyer Near Me (817) 775-5364
Call an Attorney in Colleyville About Highway Car Crash Damages
Please contact a lawyer right away when you are injured or if a close relative is killed in an accident The two-year time limit to file a negligence claim starts on the date of the crash.
When you are the family member or loved one of a deceased crash victim, we could help you gather relevant evidence and advise about your legal right to pursue a wrongful death claim. Reach out today to schedule a consultation with an attorney knowledgeable in highway car accidents in Colleyville.
Call (817) 775-5364 or complete a Free Case Evaluation form
