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. 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.
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.
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:
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.