Is Texas a No-Fault Car Accident State?

December 30, 2020 | Car Accidents

There are a few states across the country that operate under a “no-fault” car accident system, but Texas is not one of them. In a no-fault state, drivers will turn to their own insurance carriers for compensation regardless of which party is responsible for causing the crash. There are pros and cons to this type of system, but drivers in Texas need to be focused on determining which party was negligent, which can be done with the help of an Austin attorney who specializes in car accidents. That is because the state operates under a fault-based system concerning Texas car accidents. Ensure that your auto insurance policy carries the minimum amount of liability insurance.

Who is Liable for a Car Accident in Texas?

When a vehicle crash occurs in Texas, the party found to have caused the crash will be responsible for paying bodily injury expenses and other obligations including property damage, medical bills and lost wages sustained by the victim. However, it is not uncommon for more than one driver to be responsible for causing a crash and thus being partially responsible for injury liability. Texas operates under a modified comparative negligence system, which determines what happens if more than one party is found responsible for a car crash. In Texas, an injured person involved in a car accident can still recover compensation for a crash so long as they are less than 51% responsible for the incident. However, the total amount of compensation they receive will be reduced based on their percentage of fault. If a driver is found to be 51% or more responsible for a crash, they will be barred from recovering compensation.

How Do You Prove Fault in an Auto Accident?

Proving fault in the aftermath of a crash can be difficult. In general, it is better to work with a car accident lawyer as soon as possible if you are involved in a crash caused by another driver. There are various types of evidence that can be used to help determine fault in these incidents. This can include:

  • Photographs taken at the scene of the crash. Most people have smartphones that can be used to take pictures of vehicle damage, injuries, causes of the crash, skid marks, debris, and more.
  • Statements from eyewitnesses. If anybody witnessed the crash, their testimony could be valuable evidence used by any insurance company or in a personal injury trial.
  • Video surveillance footage. If they are or any cameras on nearby businesses, homes, or in a vehicle, the surveillance footage could provide proof about how an accident occurred.
  • Cell phone records. It may be necessary to obtain cell phone data records if distracted driving is a suspected cause of the crash.
  • Police report. The police need to come to the scene of just about every car accident in Texas. An accident report filled out by a police officer usually has plenty of information, and the officer will often notate who they think caused the crash.
  • Accident reconstructionist. It may be necessary for an at-fault party or their attorney to employ the assistance of an accident reconstruction expert that can use the evidence that has been gathered and piece together what happened at the scene.

Work With an Attorney to Help Your Case

If you or a loved one are involved in an accident caused by another driver in Texas, you should work with a skilled attorney at a reputable personal injury law firm that has the resources necessary to conduct a complete investigation of the case, obtain all evidence needed to prove liability, and help back you up with car insurance companies. Our Austin car accident attorneys offer free consultations to help answer some of the immediate questions accident victims may have.

Our office also serves additional locations in Austin, including Round Rock and Cedar Park. If you have been affected in an accident in either of these neighborhoods, don’t hesistate to contact our car accident attorney in Round Rock or a Cedar Park car accident lawyer from our team today.