Is Texas a No-Fault State

If you have been in a car accident in the state of Texas, you might have heard the term “no-fault” or “at-fault” in reference to an auto claim. Texas is actually an at-fault state, meaning that the person who is found to be at fault for the accident is responsible for paying damages.

The team of car accident attorneys at TK Injury Lawyers is here to help navigate the complexities of car accident liability in the Austin area.

How the At-Fault System Works in Texas

In Texas, the at-fault system looks at the driver who is responsible for the accident. The driver who is at fault is liable for the damages suffered by other parties who are involved in the accident. Determining who is at fault for the car accident is not always as straightforward as it may seem.

After an accident, the insurance companies for all parties involved will conduct an investigation to determine who is at fault. The insurance companies will use a variety of evidence, including the police report of the accident, statements provided by witnesses, photos of the accident, and sometimes even cell phone records.

You may not agree with the decision the insurance companies come to regarding your claim. If you have sustained injuries in an accident and have significant damage to your property, it is advisable to speak with a car accident attorney who is experienced in navigating the Texas at-fault claims system.

Insurance Requirements for Texas Drivers

In order to legally drive a car in Texas, you are required to have insurance so that if you are found to be at fault for an auto accident, you would be able to cover damages to those who are involved. There are many different insurance policies available, but at a minimum, you are required to carry liability auto insurance. If you are determined to be at fault for an accident, liability insurance will pay to replace or repair the other driver’s damaged property, vehicle, and medical expenses.

Typically, liability insurance is the least expensive option and does not provide coverage for your own damages; it only covers the other parties who are involved in the accident. Comprehensive auto insurance plans are a step above liability insurance and, although typically more expensive, will offer coverage for your damages and expenses as well. You can also purchase uninsured and underinsured motorist coverage as part of your auto insurance policy, which covers you if an at-fault driver does not have adequate insurance or flees the scene of the accident.

What to Do After an Accident in Texas

Being involved in an accident in Texas can be a stressful ordeal. There are a few important steps you can take in order to make sure that everyone is safe and that you are starting the insurance claims process correctly.

• Make sure that you are out of harm’s way so that you are not at risk of being hit by another vehicle while standing in the road or sitting in your car.
• Stay at the scene of the accident, and if it is safe to do so, take photos and write down your account of what happened to cause the accident.
• Exchange information with all of the involved parties. This includes insurance information, phone number, address, and any other important contact information.
• Call 9-1-1; that is what it’s there for. Even if no one appears to be injured, it is important to contact the police and have them come to the scene so that they can write up an official police report. The insurance companies rely heavily on this document when determining who is at fault for the accident.
• Get checked out by a doctor. Even if you don’t think you have any injuries, it is important to show on record that you had a medical evaluation.
• Contact an attorney to discuss the accident and file the claim with your insurance company. Your attorney can also advise you on the next best steps.

Potential Challenges in At-Fault Claims

Insurance companies can run into challenges when investigating at-fault claims, making it difficult to determine who is responsible for the accident. Inconsistent accounts from various witnesses on the scene of the accident, photos that do not show enough detail to determine who is at fault, and multiple parties involved in the accident are all potential challenges that might delay the claims process.

For this reason, it is helpful to work with a skilled attorney who understands how to communicate with the insurance companies and will be an advocate on your behalf. It is wise to allow a lawyer to handle all communications and negotiations with all relevant insurance companies.

Fault And Shared Fault Rules In Texas

In at-fault states like Texas, shared fault rules come into effect. Texas state adopted the modified comparative fault rule, with a minimum bar of 51 percent fault. Consequently, a party who contributed to the accident through their acts of negligence can still receive compensation so long as they are not more than 51 percent or more at fault. Even so, their settlement amount will be reduced in proportion to their contribution of fault.

Suppose you sustained injuries in an accident involving a drunk car driver and a motorcycle but were found to have contributed 10% of the accident by lane splitting. In that case, you could hold the drunk car driver for 90% of your injury-related losses.

Navigating Modified Comparative Fault

Since Texas is an at-fault state, injured victims must demonstrate negligence on the other party to obtain 100% of their settlement. Working with a personal injury attorney is of utmost importance when navigating the intricacies of modified comparative fault.

A skilled attorney will know how to investigate a crash to identify the liable party. An attorney can compile various sources of evidence to prove the case, including:

• Video surveillance footage
• Police accident report
• Eye witness statement
• Medical records
• Expert opinion and reports
• Images of the accident scene
• Cell phone records

Based on the strength of the evidence, an attorney can negotiate with the insurer for a fair settlement value suitable for injury-related losses. Further, an attorney can table the evidence in court if you can’t reach an agreement with the insurer.

How Is Liability Determined?

An experienced Austin car accident attorney can help you determine liability in an accident. Here are a few methods they often apply to determine liability:

• Contents of the Police Report: After a car accident, the police will visit the scene and create a report that points to the cause of the accident. The police report has crucial information including weather and road conditions at the time of the accident, and an account of eyewitnesses. However, the input of the attorney is crucial while investigating other factors like mechanical failure or human error.
• Adherence to Traffic Rules: The attorney may check the video surveillance footage to determine if the at-fault driver ignored traffic rules. Common traffic infractions that lead to accidents include ignoring yield signs, running a stop sign, or running through a red light. 
• Aggressive Driving: Aggressive driving habits like swerving in and out of traffic, tailgating, and brake checking often lead to severe accidents. An attorney can use various sources of evidence including eyewitness statements and footage from dash cams to nab aggressive drivers. 

What Happens If the Other Driver Has No Insurance?

If you’ve been hit by a driver without insurance, consider the following two options:

• Uninsured/Underinsured Motorist Coverage: You can utilize uninsured motorist (UM)or underinsured motorist coverage (UIM) provided by your insurer to cover injury-related losses. 
• File a lawsuit against the other driver: If you have substantial damages that your insurance can’t cover, you may consider filing a lawsuit against the uninsured or underinsured driver. The court can attach the wages or assets of the at-fault driver to cover injury-related damages.

Always discuss these options with an Austin car accident lawyer as soon as possible.

FAQs

What happens if both drivers are at fault?

For example, if one driver was found to be distracted, but another driver was intoxicated, there might be liability for both drivers. In this case, the fault might be split between the two parties. One driver might be found 30% at fault, and the other might be found to be 70% at fault for the accident.

Can I sue the other driver in Texas?

Yes, you may sue another driver in the state of Texas. In order to be successful, you would need to prove that the other driver’s negligence was the cause of the accident and resulted in your injuries and damages.

What if the other driver doesn’t have insurance?

Things can be a bit more complicated if the other driver does not have insurance, but if they are found to be at fault in the state of Texas, that driver would still be responsible for covering the cost of your damages. They would potentially have to pay out of pocket.

Consulting an Austin Car Accident Lawyer

If you have been in an auto accident, it is helpful to speak with an experienced attorney as soon as possible to learn more about your options. TK Injury Lawyers is dedicated to helping those who have been impacted by an accident. Don’t delay contacting us today for a free consultation.