Is civil action necessary after a drunk driver hits two fender bender victims, killing one and injuring the other in Houston Texas?
Houston Texas enjoys a robust population with crowded roadway driving conditions that may increase the possibility of car accidents. Misfortune took a deadly turn on the Gulf Freeway for two individuals already involved in a fender bender accident in Houston. When the drivers were outside of their vehicles exchanging insurance information a drunk driver slammed into them, killing one person at the scene and sending the other one to a hospital in critical condition. The state will obviously pursue criminal charges and the families of the two roadside victims can take civil action against him as well. It is best to contact an attorney to help with the intricate steps that will need to be taken for emergency funding to cover funeral expenses, hospital bills and other damages before criminal and civil action has concluded.
Crash investigation.
A thorough investigation will need to take place in a situation such as this and attorneys at the Blizzard Law Group who are knowledgeable and aggressive can successfully litigate a case to yield necessary and substantial awards that cover pain and suffering, medical bills, lost wages, property damage and future care costs, along with those related to wrongful death situations caused by car accidents.
Texas laws.
Texas follows the comparative negligence rule stipulating that damages are proportionate to the claimant’s degree of fault, utilizing the 51% rule, whereby an injured person can be up to 51% responsible for an accident and still collect damages in a personal injury claim, however if a person is more than 51% responsible for the accident they cannot recover any compensation for damages and expenses. When negligence is involved, by driving under the influence for example, the criminal case outcome may support the civil action and the likelihood that a settlement or jury award will be in favor of the plaintiff is increased.
Insurance. Pursuant to Section 601.072 of the Texas Statutes, all motor vehicles must be covered by insurance including liability coverage for at least Thirty-Thousand Dollars per person, Sixty-Thousand for two or more people, and Twenty-Five Thousand for property damage for each accident.
Texas’s No-Fault Car Insurance. In Texas, drivers must establish financial responsibility for their vehicle, accomplished by purchasing car insurance to cover expenses related to injuries and damages from car accidents. Penalties for violating the financial responsibility laws include fines, license suspensions, car impoundments, and prison sentences.
Statute of Limitations. Texas has a two (2) year statute of limitations for property damage and personal injury claims, and wrongful death actions. This means if a driver, passenger, or passerby is injured or sustains property damage, or wrongful death occurs at the hands of a negligent driver, the victim must file a lawsuit within the two (2) year period following the accident.
Consult an attorney.
Attorneys at the Blizzard Law Group will work with you on a contingency fee basis, which means they will not ask for payment until they settle your case. Determining fault in an auto accident is a matter for legal professionals who have reviewed police reports, witness reports, car damages, roadway marks and other factors present at the time of the accident. Compensation for any loss sustained because of a car accident, due to partial or full negligence of another party, is in your reach to help address medical expenses, loss of wages, or other life-altering events that can negatively affect your livelihood, as well as wrongful death claims not covered by insurance companies.
Blizzard Law, PLLC
Call (800) 349-0127 for a Free Consultation.
5020 Montrose Boulevard
Houston, Texas 77006
Sources:
https://statutes.capitol.texas.gov/Docs/TN/htm/TN.601.htm#601.051
https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.003
https://statutes.capitol.texas.gov/Docs/TN/htm/TN.601.htm#601.072
https://www.tdi.texas.gov/pubs/consumer/cb020.html
https://www.infoplease.com/us/us-cities/top-50-cities-us-population-and-rank