Plano Personal injury lawyers know that the most serious and catastrophic accidents often occur while people are involved in transportation-related activities.
Although some transportation accidents may subject the wrongdoer to criminal sanctions, injuries suffered in such an accident usually are compensable also through a personal injury civil lawsuit. Most civil suits arising from transportation accidents are based in negligence. This blog provides a brief overview of the laws and issues regarding automobile accidents (equally applicable to commercial trucking accidents.) In later blogs, I will deal with aviation accidents, boating accidents, and of other modes of transportation.
Tort litigation involving transportation-related activities can in certain cases become complicated. Retaining an inexperienced lawyer may result in a plaintiff losing a lawsuit or not receiving the recovery that he or she deserves. It is important that a person injured in a transportation-related accident choose an attorney with appropriate experience and familiarity with the subject matter of the lawsuit.
Like any state, Texas has its share of serious automobile accidents. Recognizing that accidents can be costly, Texas requires that every driver and owner of a motor vehicle maintain at all times an approved form of financial responsibility. In general, this is accomplished through the purchase of motor vehicle liability insurance. The minimum amount of insurance coverage that must be purchased under Texas law is unbelievably low, considering the cost of medical treatment and automobile repairs: $20,000 for bodily injury or death of one person in an accident, $40,000 for bodily injury or death of two or more persons in one accident, and $15,000 for property damage. Insurance companies also must provide coverage with these policy limits for insureds to protect them against uninsured or underinsured motorists. Failure to obtain and maintain such insurance coverage (or other proof of financial responsibility, such as a surety bond or self-insurance) can lead to revocation of one’s driver’s license, forfeiture of car registration and plates, a fine, and/or imprisonment.
Purchasing motor vehicle insurance, however, does not prevent a person at fault in an accident from being sued. There are, nevertheless, significant steps which may be taken to reduce one’s liability. For example, drivers are encouraged to make sure all reasonable steps are taken to warn approaching drivers after an accident has occurred. Otherwise, drivers involved in an accident may be liable for damages suffered by the approaching drivers.
Under Texas law, drivers are required to exhibit their driver’s licenses to each other after an accident. Further, an accident report must be filed with the Department of Public Safety within ten days from the date of the accident if the accident was not investigated by a law enforcement officer and if there was an injury, death, or total damages exceeded $500. Official accident report forms are available from a police station, sheriff’s department, highway patrol office, or the Texas Department of Public Safety. Finally, anyone involved in an accident must inform his or her insurance company promptly and fully cooperate with that company in investigating the facts underlying the accident. Failure to do so may, in certain cases, result in a loss of coverage under the insurance policy. Evidence of insurance must be carried in every vehicle and furnished to a law enforcement officer or another person involved in an accident.
Plano personal injury lawyers located at Armstrong the Law Firm in Plano, Texas have accumulated nearly thirty years of experience in handling personal injury lawsuits throughout Texas. The firm also handles litigation in the business and commercial arena.