Texas is not a no-fault state. In these states, each driver seeks money from their own insurer after an accident, regardless of who was at fault. Instead, Texas operates under an at-fault system. This means that the party who caused the collision is responsible for covering the injured party’s losses. This system significantly affects how car accident claims are handled in Texas.
What Is the Difference Between an At-Fault State and a No-Fault State?
In the U.S., states and commonwealths use either an at-fault or a no-fault insurance system for motor vehicle accidents. The primary difference in these systems lies in whose insurer pays compensation after a car wreck.
In no-fault states, each driver involved in a crash must file a claim with their own insurance company, regardless of who was at fault for the accident. This system streamlines the claims process and reduces litigation because there is no need to prove fault before an injured person receives compensation. However, the downside is that compensation is often limited to economic losses like medical expenses and lost wages. Non-economic losses such as pain and suffering are generally not recoverable unless the injuries meet a certain threshold.
Conversely, in an at-fault state like Texas, the party that was responsible for the collision is liable for covering the injured person’s losses. The injured party files a car accident claim with the at-fault driver’s insurer for compensation.
If necessary, the injured party can also file a lawsuit directly against the at-fault driver to recover compensation, which may include both economic and non-economic losses. Under this system, determining fault in any accident is an important starting point in pursuing compensation. Contact our Dallas car accident lawyer today.
How Is Fault Determined in an Accident in Texas?
In Texas, fault is determined through a process of investigating the accident and gathering evidence. This may involve:
- The police report – Officers responding to the scene will document their observations, and their report may include their assessment of who was at fault.
- Photos and videos – Taking pictures and videos of the accident scene, damage to vehicles, and your injuries can prove useful.
- Witness statements – Accounts from bystanders or other drivers can provide essential information about how the collision occurred.
- Physical evidence – Skid marks, vehicle damage, and debris patterns can help reconstruct the crash.
- Traffic laws – Traffic violations, such as running a red light or speeding, are often key in determining fault.
- Expert analysis – In complex cases, accident reconstruction experts may be called upon to provide professional opinions.
How Does the At-Fault System Work in Texas If I Am in an Accident?
If you are involved in a car crash in Texas, the at-fault system dictates the steps you must take to seek compensation. The process typically involves the following steps:
- File a claim with the other driver’s insurer – After the accident, you will need to file a claim with the insurance company of the driver who is at fault. The insurance adjuster will investigate the crash and make its own assessment of who is liable and the value of the claim.
- Provide evidence – To support your claim, you will need evidence of the other driver’s fault, such as the police report, photos from the scene, and medical records. The insurance company may also ask for statements from witnesses or experts.
- Negotiation – Once fault has been determined, the insurance company may offer a settlement. This is an amount of money offered to cover your accident-related injuries and losses. It’s important to carefully consider any settlement offer and consult an attorney. The insurer’s offer will most likely be much less than what you are entitled to receive.
- File a lawsuit if necessary – If you can’t achieve a fair settlement with the at-fault driver’s insurance company, you may need to file a personal injury lawsuit. In Texas, you generally have two years from the date of the crash to file.
What Are the Minimum Insurance Requirements for a Driver in Texas?
In Texas, people who register cars are required to carry specific minimum levels of liability insurance to cover losses they cause in a collision. The state mandates the following minimum auto insurance coverage amounts:
- $30,000 in bodily injury liability coverage per person
- $60,000 in bodily injury liability coverage per accident
- $25,000 in property damage liability coverage
These amounts represent the minimum car insurance coverage required by law, but they may not be enough to cover all your losses in a serious accident. For this reason, many drivers opt to purchase additional coverage to better protect themselves, such as personal injury protection (PIP), uninsured/underinsured (UM/UIM) motorist coverage, or comprehensive and collision coverage. Our Fort Worth car accident lawyer can help.
What Happens If I Am Partially At Fault for the Accident?
Texas has a modified comparative fault rule. Under this rule, if you are partly at fault for the accident, any money you receive will be reduced by the percentage of fault attributed to you. However, if you are found to be 51 percent or more at fault, you can’t recover any compensation from the other party.
For example, let’s say you are injured in an accident where the other driver is mostly at fault, but you were speeding at the time of the collision. If the investigation shows that you are 20 percent at fault for the crash, your compensation will be reduced by 20 percent. So, if your total losses amounted to $50,000, you would receive $40,000 after the reduction.
Contact a Texas Car Accident Lawyer
If you’ve been injured in a car accident in Texas, working through the at-fault system can be challenging. It’s crucial to have an experienced car accident lawyer on your side who understands Texas fault laws and can help you maximize your compensation. The Wilhite Law Firm is committed to fighting for the rights of accident victims and seeking the compensation they deserve.
Contact us today for a free consultation and learn how we can help you through this difficult time. Remember, you don’t have to pay any attorney fees upfront. You only pay us if we win compensation for you. Let us take the burden of pursuing the money you need off your shoulders so you can focus on your recovery.
