Injury Lawyer For Accidents Caused By Speeding In Dallas, TX
Speed limits exist to protect vehicle drivers and passengers while on the road. Unfortunately, speeding is a common issue across the United States and it can lead to significant injuries in the event of an accident. In addition to serious injuries, more than 250 people were killed in speeding-related accidents in 2018, according to the Texas Department of Transportation.
Speeding is against the law, so the person who speeds is often legally responsible for the harm they cause to others. The best way to hold speeding, at-fault drivers accountable for the damage they cause is to file a personal injury claim in court. With help from Pintas & Mullins, a Dallas car accident law firm, you can successfully pursue the compensation you need in order for justice to be served.
Filing My Personal Injury Claim
There are a number of factors to consider when deciding to file an injury claim for an accident resulting from a speeding driver. Procedural rules dominate the court and can affect the viability of your claim for compensation. Below are some important issues to think about and discuss with your Dallas personal injury lawyer.
The Statute of Limitations
There is a time limit by which you must file your claim in court. Traffic accidents, and almost all other personal injury claims, have a two-year statute of limitations as dictated by Texas Civil Practice and Remedies Code §16.003. This means that you must file your claim within two years of your accident or risk losing the right to pursue compensation at all. Two years sounds like a long time, but it can pass quickly when you are dealing with the recovery process for your injuries. The speeding accident injury attorneys at Pintas & Mullins, a Dallas car accident law firm, can ensure that your claim is filed on time and your right to sue for compensation is upheld.
The Balance of Fault Between Me and Other Drivers
Another important aspect of personal injury claims is the way that fault can affect your compensation. Though speeding is one way that a driver can be at fault for an accident, there are plenty of other causes that may contribute to an accident. For example, texting while driving can lead to a crash, as well as terrible weather conditions, road imperfections, faulty parts on either vehicle, and more.
Texas handles this issue by using a system called proportionate responsibility. Unlike in some other states, this system allows you to sue for compensation even if your actions partially caused the crash in which you are injured. There are two main components to this system:
- You cannot pursue damages if you are more than 50% to blame for the wreck.
- Your total compensation is reduced by the same percentage as your percentage of fault.
For example, you may have been injured in an accident in which the speeding driver and you were both texting. If the court decides that you share 40% of the blame, for instance, your total compensation will be reduced by 40% as well. When your damages total $100,000, that decrease means that you only recover $60,000. To help prevent a major decrease in your compensation, it is best to hire a skilled speeding accident injury lawyer who can argue for more blame to be apportioned to the other driver.
Additionally, some wrecks can involve particularly egregious behavior. Texting while driving, just like drunk driving, may result in the at-fault party having to pay extra compensation because the judge or jury finds their actions especially negligent. If the other driver’s speed was incredibly high, that may also be a cause for this increased “exemplary damages.” Such compensation comes at a minimum of $200,000.
My Eligible Damages
The harm you suffer as a result of someone else’s actions should be compensated by that at-fault person. Though exemplary damages are awarded in rare cases, most personal injury claims in speeding accidents will involve two categories of compensation.
This category reflects all of the financial suffering that you have to deal with as a result of your accident. Damages that are lumped under this heading usually come with clear monetary values traceable through receipts or bills. Examples include medical costs, car repair bills, lost income, lost earning capacity as a result of your injury, and similar harms.
Not all damages have a clear monetary value, though. Other issues like physical pain, loss of enjoyment in life, loss of consortium with a spouse, and other more subjective damages also demand justice. Called non-economic damages, these harms may require an expert witness who can testify to appropriate dollar values.
I Can Speak with a Speeding Accident Lawyer for FREE
Dallas Car Accident Lawyers knows that the aftermath of a wreck can be confusing and stressful. To help out potential clients, we offer a FREE consultation to learn about your claim, and we do not collect a fee unless we win you the compensation you deserve.