Fault in Auto Accidents in Texas
Many factors go into an automobile accident, but it’s often the case that one party is predominantly at fault. When you are injured due to someone else’s negligence, you may have questions about whether you can file a personal injury claim and what kind of compensation you may be able to get. Find out whether Texas is a no-fault state and what this means for your case.
What Does No Fault Mean?
In a no-fault state, it means that you can’t file a personal injury claim against the other party in an accident. Instead, you have to file a claim with your insurance company, and it is responsible for paying out any money. However, Texas is not a no-fault state. This means that you can — and often should — pursue compensation through the civil courts by filing a personal injury claim against the at-fault party after an accident.
How Is Fault Determined in Texas?
Many people think that the police officers who respond to a crash are responsible for determining who was at fault in an accident because they may give out tickets to one or both parties. However, it’s actually the insurance companies that must decide who was at fault and to what percentage. They will take into consideration various factors, including the weather and the amount and location of damage to the vehicles, look at the police reports for the crash, and possibly even do an accident reconstruction to assist in their determination.
Can I File a Personal Injury Claim If I Was Partially at Fault for an Accident?
It’s a common misconception that the other party has to be found 100% at fault to be named as a defendant in a personal injury lawsuit. However, in Texas, you can file a personal injury claim against the other party as long as they were at least 51% at fault for the accident. In general, the higher the other party’s at-fault percentage, the higher your compensation may be if you win.
Working With a Personal Injury Attorney
If you’re not sure whether you were at fault for an accident or whether you may have a personal injury case, you need to speak with an attorney as soon as possible after your accident. The insurance company may attempt to get you to accept a lowball settlement offer quickly, but you need to know the extent of your injuries, what kind of recovery you may be experiencing, and what a fair settlement offer may be.
If you were injured in an accident and someone else was found at fault, call 972-682-9700 to speak to an attorney at Oberg Law Office. We can help you understand what your legal options may be and represent your interests, whether that’s at trial or through settlement negotiations.