Anderson Injury Lawyers | April 2, 2024 | Car Accidents
Insurance and liability laws vary from state to state, and these differences impact personal injury claims. If you’re injured in a car accident, you need to understand your state’s laws and your right to recover. One law you need to be familiar with is no-fault versus at-fault laws.
Texas is not a no-fault state. It’s an at-fault state, which means the party responsible for a car accident pays for damages caused by the accident. To help you understand what this means for Texas drivers, here’s an overview of what it means to be an at-fault insurance state.
What It Means for Texas to Be an At-Fault State
In an at-fault state, the driver who causes a car accident is responsible for paying for all damages caused by the crash. In contrast, in a no-fault state, drivers are responsible for paying for their injuries regardless of who was at fault.
In a no-fault state, drivers must have Personal Injury Protection (PIP) insurance to pay for medical expenses and damages. In these states, there are only limited circumstances where drivers can file a claim against the responsible party.
Texas follows the more traditional at-fault system. Under this system, injured parties either file a claim with the at-fault party’s insurance company or file a lawsuit against the responsible party. States that follow this rule have minimum insurance requirements for all drivers.
In Texas, the minimum insurance requirement is referred to as 30/60/25. Texas drivers must carry at least $30,000 of liability insurance for each injured person; $60,000 of liability insurance per accident; and $25,000 of liability insurance per accident.
Shared Fault Rules in Texas
One common question in at-fault states is how damages are assigned when multiple parties are at fault. In Texas, there is modified comparative negligence. Under this system, an injured party can recover damages if they are not more than 50% responsible for the accident.
Personal injury cases with shared fault are complicated. In these cases, it’s particularly important to work with a personal injury lawyer who understands how to navigate the process and ensure you get the compensation you deserve.
Determining Fault in Texas Personal Injury Cases
One of the keys in personal injury cases is establishing who was at fault in an accident. Personal injury lawyers use evidence to show who was responsible. Whether there’s shared fault or a single party at fault, you need evidence to build your case.
This is one reason you should have an experienced personal injury lawyer. Your lawyer will use photos from the accident, witness statements, police reports, and expert witnesses to help build your case.
In addition to proving who caused the accident, your lawyer will also gather evidence to establish your damages. To successfully bring a personal injury claim, your team must show that another party was responsible for the accident and that you suffered damages.
Let a Fort Worth Personal Injury Lawyer Help You Navigate the System
Navigating a personal injury case isn’t easy. If you’re injured in a car accident in Texas, the first step is determining who was responsible for the accident. If another party is at fault, their insurance company is responsible for your economic and non-economic damages. These damages can include medical bills, car repairs, and lost compensation.
Hopefully, your team can settle with the insurance company. However, if the insurance company doesn’t agree to a reasonable settlement, you’ll have to file a lawsuit.
Throughout the process, an experienced lawyer ensures that you understand your rights and comply with all procedural requirements. Additionally, a good lawyer will gather the evidence necessary to support your case. Finally, they’ll effectively negotiate with the insurance company or opposing counsel.
Contact Our Car Accident Law Firm in Texas
If you’ve been injured in an accident in Fort Worth or Dallas and need legal help, contact our car accident lawyers at Anderson Injury Lawyers to schedule a free consultation. We proudly serve Tarrant County, Dallas County, and throughout Texas.
Anderson Injury Lawyers – Fort Worth Office
1310 W El Paso St, Fort Worth, TX 76102
(817) 294-1900
Anderson Injury Lawyers – Fort Worth Office (Secondary)
6618 Fossil Bluff Dr # 108, Fort Worth, TX 76137
(817) 631-4113
Anderson Injury Lawyers – Dallas Office
408 W Eighth St Suite 202, Dallas, TX 75208
(214) 327-8000
Anderson Injury Lawyers – Dallas Office (Secondary)
6301 Gaston Ave suite 610, Dallas, TX 75214
(469) 457-4711
