Car accidents in Texas can result in significant injuries, medical costs, and property damage – as well as substantial pain and suffering. Recovering fair financial compensation for the losses you suffered in a car crash can help you move forward with your life and hold someone accountable. The first step is to determine who is responsible for paying you according to Texas’s laws.
Is Texas a No-Fault State?
No, Texas is not a no-fault state. In a no-fault state, such as Florida or Kentucky, anyone who is involved in a harmful car accident must seek financial compensation from their own car insurance company, regardless of who is at fault for the collision.
In no-fault states, it is not necessary to determine or prove fault for an accident unless the injuries are severe. In Texas, however, a fault law presides. Under this law, injured accident victims have the right to file insurance claims against those at fault for their car accidents.
While the fault law in Texas can make victims eligible for greater financial compensation than in no-fault states, the victim must prove fault. The burden of proof is a “preponderance of the evidence,” meaning enough to show that the accused party is more likely than not at fault for the car accident.
Options for Making a Financial Recovery After a Car Accident in Texas
Under Texas’s at-fault car insurance law, the person responsible for paying damages or financial compensation is the one most at fault for causing the car accident. An investigation of the motor vehicle collision will be conducted to identify the liable party.
Possible parties that may be required to pay for an automobile accident in Texas are:
- At-fault party. Most car accident victims can retrieve compensation from the at-fault driver’s car insurance policy. All drivers in Texas are required to carry minimum amounts of bodily injury and property damage liability insurance.
- First-party coverage. Some cases involve complex liability issues, such as an at-fault driver who does not have insurance. In these scenarios, the injured victim may have to turn to his or her own car insurance to cover damages, such as uninsured or underinsured motorist coverage.
- Third-party liability. If an investigation finds that someone other than the drivers involved in the crash is responsible, such as the government for failing to properly maintain a public road in Texas, a third party could be held liable.
- Personal injury lawsuit. If automobile insurance won’t entirely cover the victim’s damages, it may be possible to file a Laredo car accident lawsuit. This could result in greater compensation than an insurance claim, such as pain and suffering damages.
In general, the person responsible for paying damages in a car accident case is the one most to blame for the car accident, such as a driver who violated a traffic law or drove carelessly or recklessly.
Proving Fault and Maximizing Your Settlement in a Car Accident Case
If you get hurt in a car crash in Texas, an experienced Laredo personal injury attorney can help you collect fair and full financial compensation for your damages from all liable parties. An attorney will carefully analyze your case to determine who can be held responsible. Then, your lawyer can gather evidence to build a strong claim to damages.
You can trust a lawyer to take over settlement negotiations for you, fighting for the best possible case outcome so that you can move forward with peace of mind. If required, your attorney can file a lawsuit on your behalf. To discuss a specific car accident case in Texas and learn about your legal options, contact Gonzalez Druker Law Firm for a free consultation.