Is Texas a no-fault state?

Texas is not a no-fault state.

Instead, it operates under an at-fault system. This means the person responsible for causing the accident is liable for any injuries and losses that result.

If you were injured in a car crash in Texas, you can pursue compensation from the at-fault party.

Fleming Law Accident & Injury Attorneys represents clients in their claims against drivers and others at fault for a car accident. The legal process to recover compensation for your injuries can be complex. Our experienced car accident lawyers help you understand your case and work toward its resolution either in court or in settlement. The strength of our practice is a commitment to each client’s unique needs that begins with direct communication and 24/7 support. You can contact our office today to schedule a free consultation about how Texas’ at-fault rules may impact your right to compensation.

What Is the Difference Between At-Fault and No-Fault States?

In an at-fault state like Texas, the driver who caused the accident is responsible for the resulting injuries and losses. Their insurance company must pay for medical bills, property damage, and other costs. But in a no-fault state, each driver’s insurance company pays for their client’s losses – regardless of who caused the accident.

The at-fault insurance system often invites disputes over the cause and responsibility of a collision as insurance providers work to shift liability for damages. Insurance providers will be quick to point fingers at others and deny coverage for a claim. In comparison, no-fault insurance limits the potential for dispute because each driver’s insurance covers their damages in a claim.

A civil lawsuit may be necessary in some cases to determine the party liable for accidents that happen in states with at-fault rules. Cases with no dispute over fault for the car accident can still require the filing of a lawsuit to pursue compensation for damages that exceed what is available under the at-fault person’s insurance policy.

Determining Fault and Liability for Damages in a Texas Car Accident

The cause of an accident and the acts or omissions of others in contributing to it will determine who was at fault and is responsible for damages. The process requires a detailed understanding of the events of the accident and how Texas driving and negligence laws apply to those facts. Common causes of car accidents that could establish the fault of another driver may include the following: 

• Speeding 
• Tailgating 
• Distracted driving 
• Driving under the influence 
• Aggressive driving 
• Failing to yield 
• Disobeying traffic signs 
• Operating a defective vehicle 

Our lawyers help clients investigate the cause of their car accident to evaluate the party with likely fault. We begin this process by reviewing available documentation about the accident. Examples of these resources include police and insurance reports, traffic camera footage, and photos of the accident scene. We also work to identify and gather the testimony of available witnesses who can speak to the actions of the involved drivers leading up to the collision. 

Fault and liability are also related, but sometimes separate, issues where the experienced guidance of a lawyer can further help an injured client’s case. Liability for the damages in an accident can belong to more than the individuals or parties directly involved in the collision. Parties indirectly involved in an accident that could have potential responsibility for your damages may include a driver’s employer, a vehicle’s owner, or a vehicle manufacturer. It is important to identify all parties with possible liability to correctly name them in the personal injury lawsuit.

What Are the Different Types of Car Insurance Coverage?

Different types of car insurance coverage in Texas include:

• Liability coverage pays the costs associated with injuries and property damage you cause in an accident.
• Collision coverage pays for damage to your vehicle resulting from a collision, regardless of who caused it.
• Comprehensive coverage pays for damage to your vehicle from non-collision-related incidents, such as theft, vandalism, or natural disasters.
• Medical payments (MedPay) coverage pays for medical bills for you and your passenger or if you’re injured when walking, biking, or riding in someone else’s vehicle.
• Personal injury protection (PIP) pays for medical expenses and lost wages regardless of who caused the accident.
• Uninsured/underinsured motorist coverage protects you if you are in an accident with an at-fault driver who does not have liability insurance or enough insurance.

What Are the Minimum Car Insurance Requirements in Texas?

In Texas, drivers must carry a minimum amount of liability insurance to cover potential damages in an accident they cause. These minimums are:

• $30,000 for bodily injury liability per person
• $60,000 for bodily injury liability per accident
• $25,000 for property damage liability per accident

What Happens If the Other Driver Has No Insurance?

If the other driver does not have insurance, uninsured motorist coverage will cover your losses. If you do not have uninsured motorist coverage, you may have to sue the at-fault driver to recover compensation for your losses. You could also have other sources of compensation available to you. A knowledgeable Texas car accident attorney can review your case and your insurance policy to determine all your options.

What Damages Can Be Recovered After a Texas Car Accident?

After a car accident in Texas, victims may seek compensation for various losses. Through a car accident claim, you could recover money for your:

• Medical expenses like hospital bills, cost of medications, surgeries, and required future medical care
• Lost income if you’re unable to work during your recovery
• Reduced earning capacity if the injury prevents you from returning to your previous job or earning the same amount as before the accident
• Physical pain and emotional distress suffered as a result of the accident and injuries
• Changes in lifestyle and the inability to do activities you enjoyed before
• Property damage, which includes costs to repair or replace your vehicle
• Punitive damages for particularly reckless behavior

To support your claim for these damages, you must carefully document your experience following the accident. This may include maintaining records of medical treatments, saving receipts and bills related to your injury, and keeping a diary to track your physical and emotional condition over time.

Every car accident case is unique and can involve different compensation, depending on the specific circumstances. Consult with a skilled Texas car accident lawyer to ensure you pursue compensation for all losses you have endured due to the accident.

What If I Am Partly At Fault for the Accident?

Texas follows the modified comparative negligence rule. If you are found to be partly responsible, your compensation will be reduced by your percentage of fault. However, you cannot recover compensation for your losses if you’re 51 percent or more at fault. A Houston car accident attorney will build a solid case to hold the at-fault party accountable for their actions so that you can recover what you deserve.

Should I Accept the Insurance Company’s First Settlement Offer?

You should not accept the first offer from an insurance company. Insurance adjusters want to avoid large settlements. They often try to settle quickly for less than you need to cover the costs of all your losses. The decision to settle a personal injury claim from a car accident is a complex issue that requires a careful analysis of your damages, the strength of a case, and your future financial needs. While settling can offer quick financial relief and resolution to a claim, it may come at the expense of leaving compensation on the table in a jury award at trial. Consult with a lawyer before accepting any settlement offer.

What Is the Deadline for Filing a Car Accident Lawsuit in Texas?

The statute of limitations in Texas allows injured parties to file a personal injury lawsuit up to two years from the accident date. However, the specifics of your case might change your deadline. An experienced Texas car accident attorney can help you file your claim promptly. Otherwise, you may risk forfeiting your right to pursue the compensation you deserve.

Contact a Texas Car Accident Lawyer

If you have suffered injuries in a car accident in Texas, it’s crucial to contact a knowledgeable car accident lawyer who can guide you through the process and help protect your rights. Your lawyer can help you understand the complex Texas laws related to car accidents and fight to get you the compensation you deserve.

The skilled legal team at Fleming Law has the knowledge, skills, and resources to demand your full and fair compensation. We understand how difficult life can be after an accident. That’s why we will take care of all the legal challenges so that you can focus on your recovery.

Call us today or contact us online for a free, no-obligation consultation to learn more about how we can help you.