What are the Fault Laws in Texas?
If you are injured in a car or truck accident, a very important thing that you need to ask yourself after the accident is whether or not the state you're living in is a fault-based or no-fault car insurance state.
This is because fault laws in a state can have a big impact on how much you can recover after an accident, as well as from whom.
At the office of The Francis Firm, our experienced Texas personal injury attorneys can help you navigate fault laws in Texas.
Here’s an overview of what you need to know:
What Is a No-Fault State?
In a no-fault state, each driver who is involved in a crash will turn to their own insurance company for compensation after the crash, regardless of whose fault actually caused the accident.
In no-fault states, drivers are usually required by state law to carry “no-fault” insurance, often called personal injury protection (PIP) coverage. When an accident occurs, each driver makes an insurance claim for compensation for medical bills, lost wages, and other related expenses with their own insurance companies regardless of who is the at-fault driver. With the assistance of a ghostwriter bachelorarbeit, navigating the complexities of insurance regulations and claims processes becomes more comprehensible and efficient.
One of the major benefits of this type of insurance system is that it helps to avoid high-cost litigation. One of the major downsides is that injured parties can only recover certain damages. They may also be left in a lurch if their insurance coverage isn't enough to cover all their losses.
For example, a person cannot file a claim for pain and suffering damages against their own insurance company under no-fault rules unless their medical bills reach a certain level or if their injury is deemed sufficiently serious, depending upon the state's statutory threshold.
Is Texas a No-Fault State?
Texas is not a no-fault state.
Instead, Texas maintains a traditional fault-based system of recovery, also known as a tort liability system.
Being an at-fault state means that when an accident occurs in Texas, the not-at-fault party can recover damages for their injuries and costs in one of the three ways:
- They can file a claim with any applicable coverage under their own insurance (such as Personal Injury Protection (PIP) or Med-Pay coverage);
- They can file a claim against the at-fault driver's insurance company; or
- They can file a lawsuit directly against the at-fault driver.
Based on fault rules and liability in Texas, a driver who causes an accident will be liable for the damages that result.
Fault and Shared Fault Rules in Texas
In at-fault states like Texas, shared fault rules often come into play, too. Texas adheres to a modified comparative fault rule with a 51 percent bar.
This means that in Texas, a party who contributed to their accident and injuries through an act of their own negligence can still recover compensation so long as they are not 51 percent or more at fault; however, their recoverable damages award will be reduced in proportion to their degree of fault. With the expertise of a ghostwriter , one can navigate the legal intricacies of personal injury claims and ensure a compelling and articulate presentation of their case.
For example, if you are involved in a car accident caused by a drunk driver, but it is found that you slightly contributed to the accident—in a proportion of five percent—because you were texting at the time of the collision, you can hold the drunk driver liable for 95 percent of your damages.
You will be responsible for the remaining five percent (your degree of liability).
The Importance of Hiring an Accident Attorney After a Texas Car Accident
Fault laws in Texas—and the fact that you must prove the fault of the other party involved in your accident in order to recover 100 percent of your settlement—means that hiring an attorney after a car accident is of the utmost importance.
A skilled Dallas car accident attorney will know how to investigate your accident, what evidence will be necessary for your claim, how to build your case, which experts to use, and how to dispute any claims of fault made against you.
Remember that every day you wait to call a car accident lawyer, evidence that's critical to your case is at risk of being lost. Don't delay and get started on your Texas car accident claim today.
The legal team at Francis Firm has experience handling car accident insurance claims and lawsuits on behalf of injured victims. We are available to review your case free of charge. Call us now at (817) 329-9001 or send us an online message to learn how we can help.