Motor Vehicle Accident Litigation
General educational information — not legal advice.
What Is a Motor Vehicle Accident Claim?
A motor vehicle accident claim arises when a person is injured or suffers property damage as a result of another driver being negligent or reckless on the road. These claims can involve cars, trucks, motorcycles, commercial vehicles, and other motorised transport. The injured party may seek compensation for medical expenses, lost wages, pain and suffering, and other damages through an insurance claim or civil lawsuit.
Common Causes of Serious Accidents
Many serious motor vehicle accidents are caused by distracted driving (including mobile phone use), drunk or impaired driving, speeding, running red lights or stop signs, aggressive driving, fatigued driving (particularly among commercial truck drivers), and poor road or vehicle maintenance. Establishing the cause of an accident is a critical part of any legal claim.
Types of Damages That May Be Recoverable
Victims of motor vehicle accidents may be entitled to recover economic damages such as medical bills, rehabilitation costs, lost income, and property repair or replacement. Non-economic damages including pain and suffering, emotional distress, and loss of enjoyment of life may also be available. In cases involving particularly reckless conduct, punitive damages may be sought.
The Role of Insurance
Most motor vehicle accident claims begin with an insurance claim against the at-fault driver liability policy. However, insurance companies often seek to minimise payouts. Understanding your own policy including uninsured and underinsured motorist coverage is important. When insurance settlements are inadequate, a civil lawsuit may be the appropriate next step.
Statutes of Limitations
Every state sets a deadline known as a statute of limitations for filing a personal injury lawsuit. In Texas, the general statute of limitations for personal injury claims is two years from the date of the accident. Missing this deadline can permanently bar a claim, which is why timely action is important.
Commercial Truck Accidents
Accidents involving commercial trucks (18-wheelers, semi-trucks, delivery vehicles) often involve additional complexity. Federal regulations govern commercial driver hours, vehicle maintenance, and cargo loading. Multiple parties including the driver, trucking company, cargo loader, and vehicle manufacturer may share liability. These cases frequently involve significant injuries due to the size and weight of commercial vehicles.
What to Do After an Accident
After a motor vehicle accident, it is generally advisable to seek medical attention promptly, document the scene with photographs, gather witness information, report the accident to law enforcement, and notify your insurance company. Keeping records of all medical treatment, expenses, and communications related to the accident can be valuable if a legal claim is pursued.
Understanding Comparative Fault
Texas follows a modified comparative fault rule. If an injured person is found to be partially at fault for an accident, their compensation may be reduced proportionally. If they are found to be more than 50% at fault, they may be barred from recovering damages entirely. Understanding how fault is assessed is an important part of evaluating any potential claim.
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