If you were recently in a car accident in Texas, you are probably dealing with a lot of issues. Car repairs, medical appointments and missed work can take up valuable time and funds. In this chaos, one of the most important things affecting you is how Texas law handles accident claims.
Texas operates under an “at-fault” (or “tort”) system, which substantially impacts how you pursue compensation for your losses. Understanding how to navigate the legal framework is essential to safeguarding your rights.
What is an “at-fault” state?
A driver who causes an accident is at fault and responsible for paying the damages in Texas. The state allows you to pursue damages directly from the at-fault driver. In comparison, no-fault states require you to file with your own insurance regardless of who caused the crash.
At-fault states like Texas require responsible drivers to compensate affected parties for various expenses. Compensatory damages may include:
- Medical bills
- Lost wages
- Vehicle repairs and replacement
- Property damage
- Pain and suffering
However, to secure this compensation, Texas requires you to prove that the other driver was negligent before their insurer pays.
What is modified comparative negligence?
Texas adheres to a legal principle called “proportionate responsibility,” also known as modified comparative negligence. This rule allows multiple parties to share fault. However, your percentage of fault will determine how much compensation you receive—or whether you can recover anything at all.
Texas enforces a strict 51% threshold that you need to take into account. You can receive compensation from the other driver as long as you are 50% or less at fault for the collision. If a jury or insurer finds you 51% or more at fault for the collision, you cannot recover damages from the other party.
If you are responsible for less than 51%, your partial fault will reduce the compensation you receive by that percentage.
How you can defend your claim
Insurance companies scrutinize evidence like medical records and statements because fault determines how much they must pay. You carry the burden of proof as the person filing the claim. You should approach your claim with caution.
It is in your best interest not to admit fault or reach settlements without legal advice. After seeking medical attention, focus on compiling evidence such as police reports, scene photos and witness contact info. Finally, a legal representative can help you build a strong foundation for your claim and protect your right to full compensation.