While some states have no-fault laws for car accidents, Texas is not one of them. Texas is an at-fault state. However, the issue is not as simple as you may think. When a car accident occurs, the at-fault party may not accept responsibility, or their insurer may deny your claim.
For this reason, you need a car accident attorney who can help you establish fault and get fair compensation. Below, we look at Texas’ at-fault laws and what you can expect if you get into a car accident.
No-Fault vs. At-Fault: What’s the Difference
If you’re a driver in Texas, it’s important to know the difference between no-fault and at-fault driving laws.
No-Fault State
In a no-fault state, you use your insurer to pay out for medical costs, regardless of the person causing the accident. Each driver’s insurance pays for their injuries, no matter who was at fault. The no-fault law streamlines your car accident claim and ensures quicker compensation for your injuries.
At-Fault State
In an at-fault state, the driver responsible for causing a car accident is assigned financial responsibility for the damages. The insurer of the person responsible for the crash handles the financial and personal losses of the other parties involved in the accident. The only caveat here is establishing who was at fault for the accident.
Is Texas a No-Fault or At-Fault State?
When it comes to car crash insurance claims, Texas is categorized as an at-fault state. Whoever is cited with causing the accident is responsible for covering the damages resulting from the accident.
In Texas, who is at fault in a car accident is based on the principle of negligence. The Texas Transportation Code, Chapter 545, outlines traffic laws and regulations that help identify negligence in a collision. Section 545.051 states that drivers must operate their vehicles in a careful and alert manner, considering all driving conditions.
When a car accident occurs in Texas, fault is typically determined based on the circumstances surrounding the collision. This includes factors such as:
- Speeding
- Failure to yield
- Distracted driving
- Traffic violations
Insurance companies, law enforcement officers and sometimes the courts assess evidence and witness statements to determine fault.
The Tort System
Texas follows the traditional tort system for handling car accident claims. Under this system, you have the right to pursue compensation for damages. The car crash lawyer in charge of your case can file an accident claim against the at-fault driver’s insurance company.
If the insurer denies your claim and you can’t reach a settlement, your attorney can file a lawsuit to win your case. Payouts may include hospital costs, damage to your vehicle, lost pay, or suffering and pain, as well as other damages.
Contact The Fell Law Firm for a Free Case Review
If you were injured in a car accident in Texas and want to know what your case is worth, contact The Fell Law Firm. Call 972-450-1418 to get a free case review from a car accident attorney in Dallas.
