Texas is a fault-based car accident state. This means that drivers who cause an accident are financially responsible for any damage or injuries they cause. In contrast, no-fault states require each driver’s insurance company to pay out regardless of who caused the collision.
At-fault car accidents occur when one driver’s negligence causes an accident and resulting damages. In this situation, the at-fault driver is held liable for any damage, medical bills, lost wages during recovery, or other losses related to the accident. The injured party may seek compensation from the at-fault driver’s insurance policy or their own car insurance policy if the other driver was uninsured and the not-at-fault driver’s policy includes uninsured motorist coverage.
Comparative Fault for a Car Accident in Texas
In Texas, the comparative fault system is applied when determining who is responsible for a car or truck accident. This means that each driver involved in a crash can be assigned a percentage of fault for causing it. A driver’s liability will depend on how much fault they are found to have contributed to the incident.
For example, if Driver A is found to be 70% responsible and Driver B is 30% responsible, then Driver A would be liable for 70% of the damages resulting from the accident while Driver B would only be held liable for 30%.
It's important to note that Texas does not have a "pure" comparative fault system. Unlike some states, Texas applies a modified version of the rule which decreases the amount of damages an at-fault driver can recover. If an at-fault driver is found to be 51% or more responsible for causing an accident, they can’t recover any compensation from the other party involved in the incident.
We Can Help You with Your Personal Injury Claim
Understanding how fault works when dealing with car accidents in Texas is essential. Knowing how this system affects liability and damages can help ensure that drivers get the most out of their insurance claims following an accident.
More important, however, is ensuring you have an experienced legal professional who can guide you through this process. Our experienced personal injury lawyers at Rodriguez & Gimbert, P.L.L.C. can provide the legal support you need to manage your claim and fight for the compensation you need after suffering from car accident injuries.
Contact Rodriguez & Gimbert, P.L.L.C. online now to request a consultation.