A commercial vehicle crash—whether it involves a delivery van, commuter shuttle, or a long-haul truck (18-wheeler)—can cause traumatic injuries that alter the course of your life. But, if you want to hold the person/company accountable for their negligent acts and get compensated for your injuries, you need to understand the laws and statutory rules of personal injury claims in Texas.
There’s a Time Limit
Every state has statutory limits on the time it takes for the injured person to file a lawsuit in the state’s civil court system after they have suffered injuries following a truck crash. In Texas, this limit is two years from the date of the crash. What this means is, you have a two-year window to get your lawsuit filed. If you fail to adhere to the time limit, the Texas civil court system will likely turn down your case, and your right to personal injury claims will be lost. [Note: Special rules apply to persons who were minors at the time of the crash.]
There Are Shared Fault Rules
It’s likely that the driver or company you’re filing a lawsuit against may argue that you’re responsible for the crash that led to your injuries. If you do share liability, it can affect the total amount of compensation you can collect for your damages. Texas has a “modified comparative negligence rule” in place, in which the compensation you receive will be reduced by an amount that’s equivalent to your share of fault. If you’re found to be more than 50% at-fault, you’re not entitled to anything at all.
There Are No Caps on Injury Damages
If the court rules in your favor, you need not worry about any statutory limitations on your claims for compensation. Why? Because, in Texas, statutory limitations on personal injury claims only apply to cases of medical malpractice and not to claims for truck crashes.
The Texas Government Has Separate Case Rules
In case a government entity or employee is responsible for causing your injury, you can’t simply hire a lawyer and take them to court. What you do instead is file a formal claim with the government unit that’s liable. Keep in mind: the claim needs to be filed within six months of the crash and should include an accurate description of the time and place of the crash, a summary report of what happened, and a description of the injury. For some claims against cities and town, this time limit is even shorter.
Understanding the laws and statutory rules for personal injury claims in Texas is crucial because only then can you make the most of your case and get the compensation you deserve. Whether you were involved in a truck crash in Dallas or Fort Worth, Samples Ames PLLC can help. Our attorneys can get you the compensation that’s fair and just based on the severity of your injuries. You can contact me directly at [email protected] or 469-466-2600.
Contact us today for a free case review.